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Marbury v. Madison

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by

Mr. Rudisin

on 2 July 2016

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Transcript of Marbury v. Madison

Marbury v. Madison
The Players
Federalists
Election of 1800
Electoral Indecision
A tie in the
Electoral College
sends the decision to the House of Representatives.
Timeline Recap
Judgement Time
Chief Justice
John Marshall
Decides:
Republicans
v.
Adams
Marshall
Jefferson
Marbury
Madison
Pres.
Sec. State
New Pres.
Judge?
New Sec. State
12 year reign of Federalist Party.

Bitter, nasty, mean campaign.
Adams & Jefferson not friends anymore ...

Jefferson wins
popular vote
.

Most Congressional elections won by Republicans.

Aaron Burr
, a Republican, ties Jefferson in the
Electoral College!
... Now What?
A Federalist and Anti-federalist Showdown!
Jefferson
Burr
Adams
Electoral votes
73
73
65
Lame Duck
session of Federalists had to decide the next Republican President!
Tale of the Midnight Judges
Meanwhile, back in the Adams White House ...
Two branches of government about to fall into Republican hands ...
Executive & Legislative
.
Adams nominates John Marshall as Chief Justice
Marshall keeps job as Acting Sec. of State.
Federalist Senate confirms Marshall as Chief Justice
Federalist Congress passes
2nd Judiciary Act
10 new District Courts & 3 new Circuit Courts.
March 3rd, Adams races to fill judges with Federalists.
a few do not get papers before midnight ...
1801
1803
Oct. - Dec.
Feb. 4
Feb. 12
Feb. 17
March 3
March 4
Election
1800
Marshall becomes
Chief Justice
2nd Judiciary
Act Passed
House chooses
Jefferson
"Midnight Judges"
Marbury left out :-(
Jefferson
Inaugurated
Marbury v.
Madison
1) Marbury had a legal right to his job as Justice of the Peace.

2) The Supreme Court could force Madison's hand under Judiciary Act.

3) However, parts of Judiciary Act(s) were
unconstitutional
...
* the Supreme Court had to authority to act under the Constitution.
* established
Judicial Review
and asserted the
Supremacy Clause
.

4) Therefore, Marbury was denied the commission.
Journal Entry
Jefferson disagreed with Marshall's decision:

"You seem to consider the judges as the ultimate arbiters of all constitutional questions; a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy."
JOURNAL QUESTION:
1. Who won this case?
(Marbury, Jefferson, Federalists, etc. ...)
2. Did anyone abuse their power?
(Adams, Jefferson, etc. ...)
3. Do you agree with Jefferson above?
(your choice!)
Full transcript