1. MARBURY V. MADISON Judicial Review

2. John Adams 2 nd president! Federalist Not the most adored guy around… “You have a certain irritability which has sometimes thrown you off your guard.” – Abigail Adams

3. Midnight Appointments Judiciary Act of 1801 “Midnight Judges” Keep Federalists in power!

4. Marbury Judge- district of Washington DC. One of the “Midnight Judges” appointed by Adams

5. Signed… Sealed… Never Delivered… Judicial Appointment

6. A New Boss in Town Jefferson dislikes Marbury and refuses to give him his appointment

7. To avoid being involved in the political dispute, Jefferson gives the appointment to his Secretary of State Madison and orders him to not deliver it.

8. Marbury sues Madison! Wants a “writ of mandamus.” Forces a public official to perform a duty.

9. Judiciary Act of 1789 Gave the Supreme Court the power to issue a writ of mandamus that would force the executive branch to deliver the appointment.

10. John Marshall Supreme Court Chief Justice Federalist Appointed by Adams Hated Jefferson Had been the Secretary of State that forgot to deliver appointment in first place. " My gift of John Marshall to the people of the United States was the proudest act of my life. There is no act of my life on which I reflect with more pleasure."— John Adams, 1826

11. What did Marshall want to do? Said Marbury SHOULD get the job! But…Supreme Court can’t issue “writ of mandamus!” WHY? JUDICIAL REVIEW! Supreme Court – ultimate say on meaning of Constitution!

12. Marshall stated that the Judiciary Act of 1789 gave the Supreme Court powers it was not granted by the Constitution and was therefore an unconstitutional law. So, it could not be used to give Marbury the appointment! First time the Supreme Court declared an act of Congress unconstitutional. POWER TO THE SUPREME COURT!