Chapter 11.1
Thomas Jefferson takes office as 3rd POTUS
Marbury vs. Madison
• Now that TJ is
president, he gets to
run the country the way
he sees fit.
• However, John Adams
will try to get the last
laugh on his old friend…
Before leaving Washington,
Adams appoints new judges…
• According to the Constitution
– President gets to appoint judges
– So, John Adams signs appointments on his last
night in office.
• What political party do you think the judges
Adams appointed belonged to?
– Why did he do this?
Adams’s Midnight Judges
• midnight judges- what
these new judges were
referred to as.
– William Marbury was
one of these “midnight
judges.”
Thomas Jefferson demands to stop these judges
from taking their positions!
• James Madison
– Jefferson’s new Secretary of
State
– 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…
The Verdict?
• Supreme Court refuses to grant
Marbury his position!!
– Chief Justice John Marshall says
no!
• Why?
– Judiciary Act of 1789 (passed by
Congress)
• gave powers to the Judicial branch
to force executive office’s
appointments to be approved
• Is that in the Constitution?
• Or…
• Did Congress give this power to
the Supreme Court?
Lasting Impact…
• This is the first time the Supreme Court
overturns an act of Congress.
• Checks & balances in action!
• Judicial Review- Supreme Court’s ability to
declare a law or act unconstitutional
Review Questions
• Who is Thomas Jefferson’s Secretary of State?
• What is the Marbury vs. Madison case about?