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Marbury v. Madison

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by

Mr. Rudisin

on 19 October 2017

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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
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.
Full transcript