POL 111 Lecture Notes - Lecture 13: Thurgood Marshall, Supremacy Clause, Violence Against Women Act
7 Dec 2016
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The federalists had a disastrous showing in the election of 1800. As they prepared to leave office, they passed the judiciary act of 1801: it sharply increased the number of district and appeals courts and created new judgeships. It was a partisan effort to retain influence by stacking the courts with federalist judges before leaving office. The next day marshall swore in archrival thomas jefferson as president: jefferson ordered that the undelivered commissions be withdrawn. In march 1802 the democratic-republican controlled congress passed a bill to repeal the judiciary act of. Federalist politicians urged marshall to strike it down. This presupposed that the supreme court possessed the authority, known as judicial review, to rule acts of congress unconstitutional. Nearly everyone appeared to have accepted that the constitution"s supremacy clause (article vi) allowed the supreme court to exercise judicial review and veto state laws that trespassed on federal jurisdiction or violated the constitution.
