POS lesson 11

what legal proposition did Marbury v. Madison establish?

federal courts have the power to strike down laws that are inconsistent with the Consitution

• unconsitutional and therefore void

• contributed to the legal definition and power of the Court’s Judicial Review

According to De Tocqueville, why do American judges have immense political power that judges in other countries lack

american judges alone have the power to strike down laws that are inconsistent w/ the constitution

what position would marbury have held if Madision had delivered his commission

justice of the peace

before the end of the Adams administration, who was responsible for deliver Marbury’s commission

Adam’s secretary of state, john marshall

why didn’t the SC decided Marbury v. Madison in 1801 when the case was filed?

congress cancelled the 1802 sitting of the SC

the american power of judicial review

the authority to invalidate legislative or executive action which in the Court’s deems is unconstitutional

what power do judges in America, England, & France share

1. cases need to be brought to the judges first (if the law is not contested they do not discuss it)

2. pronounce special cases, not general principle (their decision is only determined in this one case example not for all future cases)

3. Inability to act unless it’s appealed to (devoid of action, they do not hunt criminals, the process is started by another)

French Constitution

changing the consitution is treason

England’s Constitution

is not written

parliament is creating and legislating the constitution continually

judicial review in the consitution

Article 3

Section 1: established judicial power

Section 2: judicial power extend to all cases under the US constitution and laws of the US

federalist 78 (Hamilton)

justice’s duty to declare all acts contrary to the constitution void

when a statute conflicts with the constitution, it is duty of the judicial branch to adhere to the constitution and disregard the incorrect law

the result of judicial review

any political question that is not resolved will end up in the court one day

* american judges have political influence

what parts of the constitution support judicial review

Article 3

Section 1: The judicial Power of the United States shall be vested in one supreme court”

Section 2": The judicial Power shall extend to **all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made,** or which shall be made, under their Authority . . . “

why was marbury unable to assume his office

due to a last minute mix-up at the change in administration, his commission paperwork, executed by the Pres was never delivered to him by the secretary of state

writ of mandamus

“we command“

if the SC issued the writ, it would direct Madison to deliver Marbury his commission

James Madison was?

Thomas Jefferson’s secretary of state

he refused to deliver Marbury’s commission

marbury was a

“midnight judge“

serval judges appointed by John Adams on the eve of his surrendering his presidency to Thomas Jefferson

4 legal issues that Chief Marshall need to consider

1. If Marbury has a right, does the law give him a remedy?

2. Does Marbury have a right to his commisson?

3. If Marbury has a right, does the law give him a remedy?

4. May the judiciary issue of writ of mandamus to force the Pres to enforce the law?

5. May the SC issue a writ of mandamus?

Does Marbury have a right to his commisson?

Yes it was signed

If Marbury has a right, does the law give him a remedy?

Having the right provides him with a remedy

May the judiciary issue of writ of mandamus to force the Pres to enforce the law?

Yes the President need to follow the law

why was the issue of whether the SC could issue the writ of mandamus to the Secretary of State controversial

people were concerned that the judiciary might seize the opportunity to establish authority to direct high officers of the executive branch how to discharge their official responsibilities

* if they could order Madison, what was stopping them from ordering another cabinet officer

May the SC issue a writ of mandamus?

Yes

Judiciary Act of 1789: provides SC the power to issue writ of mandamus

But they lacked jurisdiction

Article 3: The court only has original jurisdiction in cases affected ambassadors, public ministers, consuls, and which a state is a party

* in all other cases they SC has appellate jurisdiction

judiciary act of 1789

power to issue writs of mandamus

What was found unconstitutional power?

• to any persons holding office under the authority of the US

• conflicted with Art 3 original jurisdiction cases

Appellate Jurisdiction

the case must go through the lower courts first then be appealed up to the SC

* Marbury went straight to the SC

Original Jursidiction

the power to hear and lawsuit in first instance

* original jurisdiction in cases affected ambassadors, public ministers, consuls, and which a state is a party

who won the case?

Madison

how Justice John Marshall increased the prestige of the Court

by ruling that it was out of the court’s powers to grant commission based on the Judiciary Act of 1789 had given too much unconstitutional power to the SC

* he ruled that the courts and other departments are bound to the constitution
* it is the duty of the judiciary department to say what the constitution means, established the overarching power to examine and decide constitutionally and challenge all acts of congress that challenged the court

Importance of Marbury and Madison

established Judiciary Review of Congressional Acts

* the duty of the judicial department to say what the law it