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Marbury v. Madison. Standard 1.7 E.Q. How did the Judicial Branch gain the right to say a law was constitutional/unconstitutional?. Judiciary Act of 1789. Would out line and retrieve powers the supreme court would have: Six Supreme justices (One chief, and five associate justices)
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Marbury v. Madison Standard 1.7 E.Q. How did the Judicial Branch gain the right to say a law was constitutional/unconstitutional?
Judiciary Act of 1789 • Would out line and retrieve powers the supreme court would have: • Six Supreme justices (One chief, and five associate justices) • Would be given the right to resolve civil actions between states or between a state and the United States.
John Marshall • Chief Justice • Outlined three key goals as Chief Justice: • Increase the powers of the national government • Diminish the powers of the states • Continue the federalist principle of centralization. • Why does this matter today?
Marbury v. Madison (1803) • Land mark case: • Federalist William Marbury appointed as a “midnight judge” by Adams administration. • Secretary of State Madison would not delivery it until the Democratic Republicans took office. • Marbury would appeal to the Supreme Court to force him in. • Marshall realized that that the document does not give the power to issue a court order to the Supreme Court. • Marshall Court could not order that it be delivered because Congress could not give a power to the Supreme Court which the Constitution did not grant.
Judicial Review • Judicial Review: the right to determine if an act of Congress is unconstitutional. • In other words, when they denying itself the right to issue the court order, they gave themselves what is constitutional and what is not. • This is a vital part of the “Checks and Balances” system. • Final authority of interpreting laws/the Constitution.
