Just before leaving office, Adams created But then Marshall added an unexpected twist. He wrote that Section 13 of the Judiciary Act violated the Constitution. Article III, which established the Judicial Branch, did not, he argued, give Judicial review has played a key role in Court decisions since Marbury . One of its main consequences has been to allow citizens to challenge in court any law or government action that they believe
dozens of new federal judgeships and appointed Federalists to fill these posts. Since federal judges serve for life, this action would ensure the continued influence of the Federalist Party in the federal government. However, Adams was not able to get all the commissions, or appointments, delivered by the time he left office. the courts power to issue a writ of mandamus. Declaring that a law “repugnant to the constitution is void,” the Supreme Court struck down Section 13 of the Judiciary Act as unconstitutional and decided against Marbury. violates the Constitution. A case such as Goss v. Lopez would never have come before the Supreme Court without the establishment of judicial review. McCulloch v. Maryland : Making the Constitution the Supreme Law of the Land March 6, 1819 In 1816, Congress decided to charter the Second Bank of the United States. Many states opposed the creation of this new national bank, and a number of them— including Maryland— passed laws to tax its branches. On March 6, 1819, the Court issued a unanimous decision in favor of the bank and McCulloch. In his written opinion, Marshall first argued that the federal government's power to establish a bank, though not specifically cited in the Constitution, was supported by the
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