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Marbury v. Madison

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by

Mr. Rudisin

on 7 April 2018

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Transcript of Marbury v. Madison

Adams
Jefferson
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
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 ...
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.
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!)
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 Congress
passes
2nd Judiciary Act
10 new District Courts & 3 new Circuit Courts.
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.
2) The Supreme Court could force Madison's hand under Judiciary Act.
but the Judiciary Act(s) were
unconstitutional
...
Establishes
Judicial Review
!
3) Therefore, Marbury was denied the job!
Marshall Court Decisions
1801 - 1835
Marbury v. Madison - ??
McCulloch v. Maryland
(1819) - Maryland had no power to tax a the Second BUS ...
Bank was constitutional
.
Gibbons v. Ogden
(1824) - Congress could regulate interstate commerce.
The Marshall Court increases the ____________
Government's Power.
White House
Federalists
v.
Adams
Marshall
Marbury
Madison
ELECTION
Republicans
Hamilton
Burr
Tom is crazy. And he sounds like a girl!
Wait, now what do we do? We got to fix this.
73 Votes
73 Votes
Federalists
House of Representatives
Vote for
Jefferson!
I really hate both of them.
Gentlemen, you should vote for the lesser of two evils!
JEFFERSON!
Elected by the House as the third president.
But we making a new law to hire more Federalist judges!
What the heck!
I thought this was just show!
Oopps!
Guess I gotta run.
Aren't you VP?
Hamilton
Burr
FAST FORWARD --> 1804
Holy crap! Almost out of time.
Hey John, you want another job? How bout Supreme Court?
Make these guys Judges on your way to the SC.
Anything to help the Federalists Mr. President!
Marshall
Where do you think you are going?
I was going to make Marbury a judge with these papers.
Oh no you don't ... It's midnight and Adams ain't Pres. no more!
No job? Then see you in COURT Mr. Madison!
The Stage
SECENE 1
SECENE 2
SECENE 3
SECENE 4
John is trying to be a king! And at least I have my teeth!
I am running for VP!
Vote BURR!
Federalists
Supreme Court
Rewind <-- 1800
Full transcript