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 (passed
by Congress) infringed on the
Court unconstitutionally!
Marbury: No “standing” to S.C.
Judicial Review
PWNED
Marbury
Judicial Review
The Court was able
to rule a law unconstitutional
and thus created the
important precedent of judicial
review.
S.C. gets final say!!!