Marbury V' Madison

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Marbury V. Madison

• The institution of Judicial Review

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The Constitution
Federal Law
State Law Texas Flag Burning Law
Local Law
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John Adams
Patriot
2cnd President
Loser
Federalists
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Midnight Appointments
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Fear of Jefferson Pulling down government.
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Marbury
Judge district of Washington DC.
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Signed
Sealed
Never Delivered
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A new Boss in Town
Jefferson dislikes Marbury and refuses to Give
him his appointment
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To avoid being involved in the political dispute.
Jefferson gives the appointment to his secretary
of state Madison and orders him to not deliver it.
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Marbury Sues Madison
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Judiciary Act of 1789 Gave the Supreme court
the power to issue a writ of mandamus that would
force the executive branch to deliver the
appointment
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Supreme Court Chief Justice
Federalist
Appointed by Adams
Hated Jefferson (cousins)
Had been the secretary of State that forgot to
deliver appointment in first place
John Marshal
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What did Marshal Want to Do?
Jefferson
Marshal
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Judicial Review
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Fletcher v. Peck1810 - A state had tried to
revoke a land grant on the grounds that it had
been obtained by corruption. The Court ruled that
a state cannot arbitrarily interfere with a
persons property rights. Since the land grant
was a legal contract, it could not be repealed,
even if corruption was involved.
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Darmouth College v. Woodward1819 - This decision
declared private corporation charters to be
contracts and immune form impairment by states'
legislative action. It freed corporations from
the states which created them.
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McCulloch v. Maryland1819 - This decision upheld
the power of Congress to charter a bank as a
government agency, and denied the state the power
to tax that agency.
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Cohens v. Virginia1821 - This case upheld the
Supreme Court's jurisdiction to review a state
court's decision where the case involved breaking
federal laws.
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Gibbons v. Ogden1824 - This case ruled that only
the federal government has authority over
interstate commerce.
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John Marshall Ghost of the Federalists Party
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The Revolution of 1800

• Things He kept the Same
• Kept the National Bank
• Did not Fire Federalists
• Retained Strong Government
• Used Elastic Clause to buy Louisiana Purchase

• Changes He Made
• Repealed excise Tax
• Reduced Debt
• Pardoned Seditionist
• Relies on Gunboats

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as real a revolution in the principles of our
government as that of 1776 was in its form.
Do you think that Jefferson was correct in
calling the election of 1800 a revolution?
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