Aim: Why was the decision made in Marbury vs. Madison so significant?

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Aim: Why was the decision made in Marbury vs. Madison so significant?. Do Now: Copy the vocabulary - PowerPoint PPT Presentation

Transcript of Aim: Why was the decision made in Marbury vs. Madison so significant?

Aim: Why was the decision made in Marbury vs. Madison so significant?

Do Now: Copy the vocabularySupreme Court: the highest court in the United States. It has ultimate (but largely discretionary) appellate jurisdiction over all federal courts and over state court cases involving issues of federal law, and original jurisdictionJurisdiction: The official power to make legal decisions and judgmentsJudicial Review: The right of the judicial branch to strike down an act of Congress if, in the opinion of the court, it conflicts with the Constitution.

Political Cartoon Analysis

Please answer practice Regents Document Based Questions 1-3…leave off questions 4-5 for later

Think Pair Share

• Examine Questions 1-4 out loud to your partner.

• Underline key words in the questions, that we should look for in the Case Summary of Marbury vs. Madison.

• Answer the questions that follow in complete sentences

Adams appoints new judges…

• John Adams signs appointments on his last night in office.

• Thomas Jefferson is to take over as President.• What political party do you think the judges

Adams appointed belonged to? Why did he do this?

“Appointment” = to select somebody for position or job

Important Terms

“midnight judges”- what these new judges were referred to as.

William Marbury was one of these “midnight judges.”

When does Madison come into play?

• James Madison, TJs new Secretary of State, was supposed to officially present Marbury with his new position…

• But he didn’t!• So… Marbury sued and appealed to the

Supreme Court to get Madison to award him the position…

Marbury vs. MadisonOutgoing PresidentJohn Adams

Secretary of State, James Madison

William Marbury

IncomingPresidentThomas Jefferson

Secretary of State, James Madison

Commissions

Commissions

Judicial Review

is established.

Marbury vs. Madison

Judicial Review = The right of the judicial branch to strike down an act of Congress if, in the opinion of the court, it does not agree with the Constitution (the laws of the U.S.).

Does this act agree with our laws?

Constitutional vs. Unconstitutional

Laws, acts or things that agree with what is written in the Constitution.

Laws, acts or things that disagree with what is written in the Constitution.

The Verdict.

• Supreme Court refuses to grant Marbury his position!!

• Why?• A section of the Judiciary Act of 1789

(which set up the federal court system in the first place) was unconstitutional and void.

Lasting Impact…

• This is the first time the Supreme Court overturns an act of Congress.

• Checks & balances in action!• Judicial Review- Supreme Court’s ability to

declare a law or act unconstitutional

• This increases the power of the Supreme Court!!!!

Summary

• Please answer the AIM in a complete sentence.