Judicial Review

1. Judicial Review marbury v. madison

2. BellRinger • About a year ago the Supreme Court of California made it legal for homosexual couples to be married in the state of California. • However, subsequently the people initiated Proposition 8, which repealed the decision of the Supreme Court making it again illegal to wed with another person of the same sex. • Do you think that the Supreme Court, in this case and in others, should have the right to effectively make laws from the courtroom? Or, should the peoples’ will and legislative processes be the only method for law making? Explain.

3. Marbury v. Madison • Bitter party contentions in U.S. • John Adams voted out of office in 1800 • The night before leaving office, Adams fills several empty judgeships with Federalist judges. • Called the “Midnight Appointments” • When Jefferson became President, he tells his Secretary of State, James Madison not to deliver the appointments to the appointees. • One of which was named William Marbury.

4. Marbury v. Madison • Marbury sued Madison in the Supreme Court in order obtain a writ of mandamus to force Madison to deliver the appointment. • writ of man. = a document forcing an official to do something • John Marshall, the Chief Justice of the Supreme Court, now has a predicament… • If he rules in favor of Madison, he looks like a pawn of the Executive Branch = weak Judicial Branch • If he rules in favor of Marbury, he looks like a pawn of his party, the Federalists = weak Judicial Branch • Lose, lose situation for Marshall and the Supreme Court.

5. The Advent of Judicial Review • Marshall’s Genius • The right of the Supreme Court to issue a w. of m. was not in the constitution, but in a subsequent act called the Judiciary Act of 1789. • Marshall didn’t rule in favor of either party but instead stated that issuing a writ of mandamus was “unconstitutional.” • This one case began the PRECEDENT of Judicial Review. • The ability of the Supreme Court to declare laws constitutional or unconstitutional