Marbury vs Madison
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- Marbury, you seem like a good man, I would like to appoint you to be a judge before Jefferson gets inagurated.
- Wow thank you Mr. Adams!! You won't regret it sir.
- Madison, I want you to cease work on the judicial appointments that were made by Adams
- You can count on me President Jefferson.
- You can't remove me! I'm going to sue you Madison.
- In his last hours as president, John Adams appointed multiple judges, including one William Marbury.
- Justice Marshall, I would like to cite the Judiciary Act of 1789.
- After Thomas Jefferson's Inauguration, he told his secretary of state, James Madison to cease the appointments, meaning judges like William Marbury wouldn't be appointed.
- Now hold on there, That act gives the court power, but it comes from congress. The Supreme Court can only have power from the constitution.
- Marbury was angered by the fact that he was being removed from his position and sued James Madison.
- I am going to establish Judicial Review. Now, we can strike down unconstitutional laws.
- Marbury cited the Judiciary Act of 1789 which gave the Supreme Court power to review any case against a government official.
- The court's power needs to come from the constitution, not from congress, so congress didn't have the right to give the Supreme Court power under the Judiciary Act.
- John Marshall used this to establish Judicial Review which gives the Supreme Court power to strike down unconstitutional laws.
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