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Do Now Appoint: to assign a job or role to someone Commission papers: an order to authorize...

Date post: 17-Jan-2018
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A.Jefferson (Republican) defeats Adams (Federalist) in the Election of 1800
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Do Now Appoint : to assign a job or role to someone Commission papers : an order to authorize something Writ of mandamus : an order from a court that some action be performed
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Page 1: Do Now Appoint: to assign a job or role to someone Commission papers: an order to authorize something Writ of mandamus: an order from a court that some.

Do NowAppoint: to assign a job or role to someone

Commission papers: an order to authorize something

Writ of mandamus: an order from a court that some action be performed

Page 2: Do Now Appoint: to assign a job or role to someone Commission papers: an order to authorize something Writ of mandamus: an order from a court that some.

Marbury v. Madison

Page 3: Do Now Appoint: to assign a job or role to someone Commission papers: an order to authorize something Writ of mandamus: an order from a court that some.

Marbury v. MadisonA. Jefferson (Republican) defeats

Adams (Federalist) in the Election of 1800

Page 4: Do Now Appoint: to assign a job or role to someone Commission papers: an order to authorize something Writ of mandamus: an order from a court that some.

Marbury v. Madison1. On his last day, Adams fills courts

with as many Federalist judges as possible

They were called “midnight judges” - Adams waited until 9 o’clock on his last night as

President to appoint them.

Page 5: Do Now Appoint: to assign a job or role to someone Commission papers: an order to authorize something Writ of mandamus: an order from a court that some.

Marbury v. Madison2. Jefferson becomes President the

next day but some of Adams’ judges have not yet received their official forms

a. Jefferson says they cannot be judges

Page 6: Do Now Appoint: to assign a job or role to someone Commission papers: an order to authorize something Writ of mandamus: an order from a court that some.

Marbury v. Madisonb. Jefferson orders James

Madison (Secretary of State) not to give out the papers to the judges

Page 7: Do Now Appoint: to assign a job or role to someone Commission papers: an order to authorize something Writ of mandamus: an order from a court that some.

Marbury v. Madison3. William Marbury is one of the

judges affected by Jefferson’sdecision

Page 8: Do Now Appoint: to assign a job or role to someone Commission papers: an order to authorize something Writ of mandamus: an order from a court that some.

Marbury v. Madisona. Marbury demands that the

Supreme Court examine the case and force the executive

branch to hand out papers

Page 9: Do Now Appoint: to assign a job or role to someone Commission papers: an order to authorize something Writ of mandamus: an order from a court that some.

Marbury v. MadisonMarbury says Judiciary Act of 1789 gives the Supreme Court the right to do this

What was Judiciary Act of 1789?Created federal court system with 3 levels and outlined the powers of each – district, court of appeals, Supreme Court

Page 10: Do Now Appoint: to assign a job or role to someone Commission papers: an order to authorize something Writ of mandamus: an order from a court that some.

4. John Marshall, the chief justice and a Federalist, listens to Marbury’s case

Marbury v. Madison

How do you think Jefferson reacted?How do you think Marshall reacted?

Page 11: Do Now Appoint: to assign a job or role to someone Commission papers: an order to authorize something Writ of mandamus: an order from a court that some.

Marbury v. Madisona. Marshall agrees that

Marbury had been treated unfairly

AND…..

Page 12: Do Now Appoint: to assign a job or role to someone Commission papers: an order to authorize something Writ of mandamus: an order from a court that some.

Marbury v. Madisonb. Judiciary Act would allow SC

to force Madison into making

Marbury a judge

BUT….

Page 13: Do Now Appoint: to assign a job or role to someone Commission papers: an order to authorize something Writ of mandamus: an order from a court that some.

Marbury v. Madisonc. Marshall has to decide is this

constitutional or unconstitutional?

Page 14: Do Now Appoint: to assign a job or role to someone Commission papers: an order to authorize something Writ of mandamus: an order from a court that some.

Marbury v. Madison- Marshall decides that forcing the

government to make Marbury judge would be unconstitutional

Page 15: Do Now Appoint: to assign a job or role to someone Commission papers: an order to authorize something Writ of mandamus: an order from a court that some.

Marbury v. Madison5. Marshall’s ruling establishes

Judicial Review - Supreme Court can declare act of Congress unconstitutional

Page 16: Do Now Appoint: to assign a job or role to someone Commission papers: an order to authorize something Writ of mandamus: an order from a court that some.

Marbury v. Madison• Judicial review has increased the Supreme Court’s legal authority… making it a much stronger branch

Page 17: Do Now Appoint: to assign a job or role to someone Commission papers: an order to authorize something Writ of mandamus: an order from a court that some.

Marbury v. Madison1. Why is the Marbury case so important in the history of the Supreme Court?

Page 18: Do Now Appoint: to assign a job or role to someone Commission papers: an order to authorize something Writ of mandamus: an order from a court that some.

Marbury v. MadisonThe Marbury v. Madison established

the right of the Supreme Court to rule on the constitutionality of laws. This is called judicial review.

Page 19: Do Now Appoint: to assign a job or role to someone Commission papers: an order to authorize something Writ of mandamus: an order from a court that some.

Marbury v. Madison2. In what way did the Marbury decision enhance the system of checks and balances provided for in the Constitution?

Page 20: Do Now Appoint: to assign a job or role to someone Commission papers: an order to authorize something Writ of mandamus: an order from a court that some.

Marbury v. MadisonIt provided a way to check the powers

of Congress and the president, and thus more effectively balanced the powers of all three branches of the federal government.

Page 21: Do Now Appoint: to assign a job or role to someone Commission papers: an order to authorize something Writ of mandamus: an order from a court that some.

Marbury v. Madison3. Constitutional scholars have pointed out there is an inconsistency in Justice Marshall’s opinion with respect to what the Constitution specifically provides. What is that inconsistency?

Page 22: Do Now Appoint: to assign a job or role to someone Commission papers: an order to authorize something Writ of mandamus: an order from a court that some.

Marbury v. MadisonOn one hand, Marshall declared the

Judiciary Act unconstitutional because the power for Congress to pass such an act was not mentioned in the Constitution. Yet at the same time he believed the Supreme Court had the power to declare a law unconstitutional, even though this power was not specifically mentioned in the constitution.

Page 23: Do Now Appoint: to assign a job or role to someone Commission papers: an order to authorize something Writ of mandamus: an order from a court that some.

Marbury v. Madison4. The United States is one of the few countries in which the highest court of the land has the power to declare a law unconstitutional. Do you believe that such a power is of benefit to a country? Explain your answer.

Page 24: Do Now Appoint: to assign a job or role to someone Commission papers: an order to authorize something Writ of mandamus: an order from a court that some.

Marbury v. Madison5. Justice John Marshall was a Federalist who believed in a strong national government and certainly moved in this direction with his Marbury ruling. Do you think it is proper for a Supreme Court Justice to allow his or her personal political opinions to influence the rulings of the Court? Explain.


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