1) Why is it important for us to have Checks and Balances?
Checks and balances are important because
they limit the powers
of the
government .
Each branch essentially checks the other to ensure the balanced
powers are .
2) Which branch of government has the power to declare laws of congress
. unconstitutional?
Judicial
Directions: Answer the following question.
3) How does a case get to the Supreme Court?
A case can reach the Supreme Court
by petitioning it to be reviewed
the Supreme Court does not have to take the case .
Document 2
The Supreme Court agreed that Marbury had a right to receive his commission but
disagreed that the Court had the power to issue the writ. Why? Because the
Supreme Court gets its power directly from the Constitution, and the Constitution
says only certain kinds of cases can start at the Supreme Court. Chief Justice John
Marshall stated that the Judiciary Act of 1789 passed by Congress was
unconstitutional, for it the gave the Supreme Court authority that was denied by
Article III of the U.S. Constitution. He held that the Constitution did not give the
Supreme Court the power to issue Writs of Mandamus. Congress did not have the
power to allow more kinds of cases to start at the Supreme Court. Therefore, the
Supreme Court said it could not help Marbury get his commission.
Chief Justice John Marshall
Marbury v. Madison (1803)
President John Adams
rushes through
commissions at the end He fails to deliver all of
of his term, appointing the ‘midnight After Inauguration of
justices of the peace. appointees’, which President Thomas
included William Jefferson. The new
Marbury. Secretary of State, James
Madison, refuses to
deliver the remaining
appointments.
William Marbury
Madison still refuses requests an issue of a
the writ’s command to writ of mandamus
based on Judiciary Act *A writ of mandamus is an
deliver the
appointment. of 1789. order from a court to an
inferior government official
ordering the government
official to properly fulfill their
official duties or correct an
abuse of discretion.
William Marbury Sues:
Marbury v Madison Decision: Marbury had
(1803) Supreme Court the right to the
case - Marbury felt his appointment; however,
rights were violated. the writ goes against the
Constitution. He did
not receive the Directions: Answer question.
appointment.
4) So what? – The
Decision’s Result was:
John Adams did not
appoint William Marburg
to a seat that he believed he deserved .
Marbury felt that his violated , SO he
rights were
sued Madison Madison filed a writ of
.
M and arm US The wut was
.
found to be
Unconstitutional SO Madison did
not
get the appointment
Document 3
5)
Hm not doing anything !
I deserve this appointment!
Marbury , you deserve the appointment
But your writ IS unconstitutional
Document 3
5)
