1 / 7

American Government

The landmark case of Marbury v. Madison (1803) established the principle of judicial review in American law. Following Jeffrey's election, the outgoing Federalists passed the Judiciary Act of 1801, creating new judgeships, including appointing John Marshall to the Supreme Court. When Marshall failed to deliver commissions to appointees, Marbury sued. The Supreme Court, under Marshall, ruled that it lacked authority to compel delivery, declaring parts of the Judiciary Act of 1789 unconstitutional. This pivotal ruling shaped the power dynamics within the federal government and defined the Court's role.

elon
Download Presentation

American Government

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. American Government The Federal Judiciary

  2. Marbury v. Madison • Election of 1800: Adams (Federalist) vs. Jefferson (Democratic-Republican) • The winner: Jefferson • On the way out, Federalists passed the Judiciary Act of 1801 • Created 59 new judgeships • Appointed John Marshall (former Sec. of State) to Supreme Court

  3. Marbury v. Madison • Marshall forgot to deliver 17 commissions • James Madison (new Sec. of State) refused to deliver • Marbury sued to get his appointment • Supreme Court Justice Marshall (the old Sec. of State!) in a predicament

  4. Marbury v. Madison • What would have happened if… • Court ruled in favor of Marbury? • Court ruled against Marbury? • The actual ruling: • Court lacked authority to compel delivery • Judiciary Act of 1789—which authorized Court to issue orders to government officials—was unconstitutional • What was required of other actors: NOTHING!

  5. Getting to the Supreme Court • Original Jurisdiction • Specified in the Constitution: Ambassadors, disputes between states • In 200 years, Court has heard only 160 cases under original jurisdiction • Appellate Jurisdiction • Appealed through federal courts or state supreme court • U.S. Supreme Court hears just 1% of appeals

  6. How the Supreme Court Operates • Writ of certiorari • Rule of four • If not issued, decision stands • Filing briefs • Oral arguments (Oct-April) • Judicial Conference • Opinions (Majority, Concurring, Dissenting)

  7. Discussion Questions • Which judicial philosophy seems to be prevalent in this case? • What language in the opinion leads you to this conclusion? • As a result of this decision, what was required of other actors? • What might have happened if the Court ruled the other way? • Does this case signify a weak or powerful Supreme Court?

More Related