DO NOW: “We are under a Constitution. But the Constitution is only what the Supreme Court says it is. It is these judges that

safeguard our liberty, protect our property and ensure our happiness. The Constitution has existed for centuries but is

re-evaluated by the Supreme Court daily.”

1.According to the speaker what has more power, the Constitution or the Supreme Court? How can you tell?

2. According to the speaker, what is the role of the Supreme Court?

Aim: How significant were the Supreme Court decisions while John Marshall was chief justice?

Background

• Adams appoints new judges… • John Adams signs appointments on his

last night in office. • Thomas Jefferson is to take over as

President.• “midnight judges”- what these new judges

were referred to as. • William Marbury was one of these

“midnight judges.”

• 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 v. Madison

• Supreme Court case where the Supreme Court gave itself the power to:– decide whether laws passed by Congress

were constitutional and – reject laws that the court considered

unconstitutional. 

• This power is known as judicial review.

Outcome:

A section of the Judiciary Act of 1789 (which set up the federal court system in the first place) was declared unconstitutional and void.

judicial review – power of the Supreme Court to decide whether acts of a       President or laws passed by Congress are constitutional.

Lasting Impact…

 

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

• Checks & balances in action!

• Marbury v. Madison set the precedent that the Supreme Court could rule on constitutionality.

   The Marbury v. Madison precedent affected the balance of power in American government by increasing the power of the  Supreme Court.

Questions• Why do you think Thomas Jefferson did not want

the people Adams appointed to get their jobs?• When the Supreme Court of the United States

makes a decision, how do they get people to obey it? In other words who enforces it?

• If Congress passes a law that conflicts with the Constitution, which one are we required to follow: the new law or the Constitution?

• What was the subtle brilliance of John Marshall’s ruling in Marbury v. Madison?

• Why did Chief Justice Marshall state that “the power to tax is the power to destroy,” in McCulloch v. Maryland?

• How did the decisions of the Marshall Court strengthen the national government?