Judicial ReviewJudicial Review

What is it?What is it?

Judicial review- The right of the Judicial review- The right of the Supreme Court to review any Supreme Court to review any law, Made by the Federal law, Made by the Federal Government, and decide its Government, and decide its constitutionalityconstitutionality

Marbury vs. Madison Marbury vs. Madison President Adams was finishing President Adams was finishing

his presidency. On the last day his presidency. On the last day he decided to appoint 82 he decided to appoint 82 federalist judges. These federalist judges. These “midnight judges” were not good “midnight judges” were not good for the new incoming president, for the new incoming president, Jefferson, Because he was from Jefferson, Because he was from the Democratc-Republican party. the Democratc-Republican party. Jefferson told his Secretary of Jefferson told his Secretary of State James Madison not to send State James Madison not to send in the paperwork on these judges in the paperwork on these judges so they would never get so they would never get approved..approved..

One of the judges sued the Government One of the judges sued the Government for his job because the Federal Judiciary for his job because the Federal Judiciary Act of 1789 had a clause stating the Act of 1789 had a clause stating the Supreme Court could force the Supreme Court could force the government to follow a law or an government to follow a law or an appointment,appointment, and the case went to the and the case went to the Supreme Court. Chief Justice Marshall Supreme Court. Chief Justice Marshall ruled that the law forcing Madison to ruled that the law forcing Madison to send in the paperwork was send in the paperwork was unconstitutional creating Judicial unconstitutional creating Judicial ReviewReview

What do you think?What do you think?

How did the case of Marbury v. How did the case of Marbury v. Madison establish the principle of Madison establish the principle of judicial review?judicial review?

Answer- First time Supreme court Answer- First time Supreme court called a law unconstitutional. Showed called a law unconstitutional. Showed the Court had the power to review the the Court had the power to review the law.law.

What do we thinkWhat do we think

Does our government Does our government have to right to invade our have to right to invade our privacy to keep us safe?privacy to keep us safe?

Patriot ActPatriot Act Highlights of the Act include: · Expanding the government’s ability to access

sensitive medical, mental health, financial, and education records about

individuals · Lowering the burden of proof required to conduct

secret searches and telephone and Internet surveillance · Giving law enforcement expanded authority to obtain

library records, and prohibiting librarians from informing patrons that the

monitoring is taking place · Granting the U.S. Attorney General and the Secretary

of State the power to

QuestionsQuestions

Does the government have the right Does the government have the right to tell a woman what they can or to tell a woman what they can or can’t do with there body?can’t do with there body?

Where is the line between religion Where is the line between religion and Government?and Government?

Roe v. WadeRoe v. Wade

Roe v. WadeRoe v. Wade A women in Texas was A women in Texas was raped and became pregnant. The law raped and became pregnant. The law in Texas did not allow a women to in Texas did not allow a women to have an abortion unless it was have an abortion unless it was medically necessary. She sued the medically necessary. She sued the state of texas and the case made its state of texas and the case made its way to the supreme courtway to the supreme court

DecisionDecision

Supreme court decided that a Supreme court decided that a women had the right to decide to women had the right to decide to abort the baby as long as it is in the abort the baby as long as it is in the first trimester of the pregnancy.first trimester of the pregnancy.

This shot down all anti-abortion laws This shot down all anti-abortion laws in states and created one of the in states and created one of the largest arguments that Americans largest arguments that Americans still have today still have today