Judicial Review
Presentation
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Social Studies
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12th Grade
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Practice Problem
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Easy
Matthew Molloy
Used 14+ times
FREE Resource
10 Slides • 3 Questions
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Judicial Review
Power of the Pen
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Where is judicial review found in the Constitution?
Its not.
It was created through Judicial Review of the case of Marbury v. Madison
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Poll
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Marbury v. Madison
1800, After Thomas Jefferson wins the election but before he takes office
March 2, Congress creates new federal courts through a Judiciary Act and President Adams appoints 42 supporters as judges
March 3, Adams' court picks are confirmed by the Senate and Adams' Sec. of State John Marshall
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Marbury v. Madison
Marshall failed to deliver the letters alerting 25 of the new judges of their appointment to the Courts, leaving them on his desk for Jefferson's Sec. of State (James Madison) to deliver
March 4: Jefferson enters Office and instructs Madison to not deliver the abandoned appointment letters
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Marbury v. Madison
1803,William Marbury (one of the 25 judges that was appointed by Adams but whose letter was left on Marshall's desk) sued in court, demanding his letter of commotion (writ of mandamus, or his orders to begin his duties)
John Marshall is now the Chief Justice of the Supreme Court! What will he decide?
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Open Ended
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Marshall's Decision
"The Judicial Branch of the government does not have to power to issue “writs of mandamus”
The Judiciary Act of Congress that did permit that was "unconstitutional"
Why?
Because it tries to expand the original jurisdiction of the Supreme Court.
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Results of the Case
Established the power of the Supreme Court to decide if a Law or Act is constitutional or not (whether it is allowable under the constitution/follows the Constitution's rules and mandates)
Established the Supremecy Clause: the Federal Law now always overrules State Law
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Multiple Select
Judicial Review
Power of the Pen
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