Name ___________________________________________ Date ______________

HW: Marbury vs. Madison

Background: John Adams appointed a man named Marbury and other judges in the
last few hours before he left office. When Jefferson took office, he wanted them
replaced. He ordered his Secretary of State, James Madison to essentially fire them by
not filing the paperwork. Marbury took the case to the Supreme Court. The Supreme
Court ruled that the Judiciary Act of 1789 was unconstitutional. This was the law
Marbury was using to argue his case. He did however get to keep his appointment.
Judicial Review: the power of the Supreme Court declare laws Unconstitutional
(this voids the law).

"It is the job and duty of the judicial department to say what the law is. Those who
apply the rule to particular cases, must interpret that rule. If two laws conflict with each
other, the courts must decide on which follows the Constitution and which does not.”

- Chief Justice John Marshall, 1803

Based on the information above, why is the concept of “Judicial
Review” so important to the system of Checks and Balances?

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