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What is Judicial Review?

It is not stated in the Constitution

And yet it is the most powerful tool of the Supreme Court

The power to declare laws unconstitutional

The Adams Administration

John Adams lost reelection to Thomas Jefferson

In the 11th hour, Adams appointed and Senate confirmed 16 federal circuit court judges.

William Marbury

Appointed to become the Justice of the Peace in Washington D.C.

Appointment is signed but Adam’s Secretary of State fails to deliver the appointment

The Jefferson Administration

Thomas Jefferson comes to office

Marbury never becomes a Justice of the Peace, because Jefferson tells his Secretary of State, James Madison, to not deliver the appointment. Marbury Appeals to the

Supreme Court Basis of argument:

Judiciary Act of 1789 states Supreme Court has the power to order the Sec. of State.

John Marshall and the Supreme Court

Marshall argued Marbury had the right to the appointment

But the Judiciary Act of 1789 conflicted with the Constitution The Court did not

have the power to tell the Secretary of State what to do.

Marbury does not get the appointment, however . . .

The case establishes that the Supreme Court has the final say in all laws passed by Congress.

A Soap-Opera Twist. . .

Before Adams left office, he appointed his derelict Secretary of State to the Judiciary.

That Secretary of State’s name…