3. Who appoints justices to the judiciary? 4. Who approves or confirms judiciary appointments? Is this an example of judicial review, separation ofpowers, or federalism? 5. Presidents usually appoint judges with political views similiar to their own political views. President John Adams appointed John Marshall. John Adams was a member of which political party? His party believed in a __________ national government. John Marshall served for over _______ years. He believed in a ________ national government. Though the United States only had one Federalist president, supreme court decisions gave increasing power to the ___________ government for the next 30 years.
The ruling ofthe Marshall Court in Marbury v. Madison (1803) began the enduring precedent of judicial review as a vital part of the checks and balances system. Federalist William Marbury was appointed and confirmed as one of the ‘midnight’ judges. However his commission to a lower court had not been delivered before the Democratic Republicans took office and Secretary of State James Madison refused to deliver the commission. Marbury appealed to the Supreme Court for a court order [writ of mandamus] that would require Madison to deliver the commission. The court was authorized to issue such a writ by Congress. Marshall knew that if the court ordered the commission to be delivered to Marbury that the order would be ignored by Secretary of State Madison and the judicial branch would continue to be seen as powerless. Reading the Constitution closely, Marshall realized that the document does not give the power to issue such a writ to the Supreme Court under its original jurisdiction. The court could only hear such a case on appeal. The Marshall court ruled that, although Marbury deserved his commission, the court could not order that it be delivered because Congress could not give a power to the Supreme Court which the Constitution did not authorize. This was a landmark decision because it was the first time that the court claimed for itself the
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