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Marbury v. Madison
Transcript of Marbury v. Madison
Election of 1800
A tie in the
sends the decision to the House of Representatives.
New Sec. State
12 year reign of Federalist Party.
Bitter, nasty, mean campaign.
Adams & Jefferson not friends anymore ...
Most Congressional elections won by Republicans.
, a Republican, ties Jefferson in the
... Now What?
A Federalist and Anti-federalist Showdown!
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 ...
Oct. - Dec.
Marbury left out :-(
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
* the Supreme Court had to authority to act under the Constitution.
and asserted the
4) Therefore, Marbury was denied the commission.
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."
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?