Judicial Interpretation of the Constitution

• The Constitution is not clear about the power of the Supreme Court

Judicial Interpretation of the Constitution

• The strength and path of the court were found with Chief Justice John Marshall

• 4th Chief Justice• 1801 – 1835

Judicial Interpretation of the Constitution

• During this time, there were three major decisions:

• Marbury v Madison• Gibbons v Ogden• McCulloch v Maryland

Marbury v Madison

• Marbury v Madison• President John Adams, a

Federalist, appoints 82 Federalist justices.

• (Last day in office!!)

Marbury v Madison

• “Midnight Judges" • Threat to incoming

President Jefferson (a Democrat-Republican)

Judicial Review

• Jefferson ordered his Secretary of State, James Madison, not to allow William Marbury to take his position.

• Marbury was particularly unpopular

Judicial Review

• Marbury appealed directly to the Supreme Court.

Judicial Review

• John Marshall: FTW.Judiciary Act of 1801 (passedby Congress) infringed on theCourt unconstitutionally!Marbury: No “standing” to S.C.

Judicial Review

PWNED

Marbury

Judicial Review

The Court was ableto rule a law unconstitutionaland thus created theimportant precedent of judicialreview.S.C. gets final say!!!