U.S. Supreme Court Power of Judicial Review of Co-Equal Branches and Authority of State Courts

What are the facts surrounding Marbury v. Madison?

At the close of his Administration, Adams made several last minute judicial appointments including appointing Marbury as justice of the peace. The appointments were not delivered on time and the incoming administration refused to Honor Adams Appointments. Marbury asked SC to compel jefferson’s secretary of state, to affect the appointment.

Legal Issue 1 in Marbury: Does Marbury have the right to commission?

Yes, when commission is signed by the president, appointment is made. Commission is complete when U.S. is affixed to is by the Secretary of State.

Is Marbury’s Right to his commission political or legal?

Legal.

What is the difference between a political act v. Act giving rise to legal redress?

• Political Act: A Political Act is a remedy through the political process.

  vs.

• Act giving Rise to Legal Redress: Having a Cause of Action that has a Legal Remedy.

What is the Rule to determine if the act was a political act or if it was an act giving rise to legal redress?

Rule: If an act falls under the discretionary powers of the president, it is a political act, and cannot be reviewed by the courts; if the act falls under a legal obligation, such as an act giving rise to legal redress (remedy) then it may be reviewed.

Is a writ of mandamus an appropriate remedy under Marbury?

NO! The court rules that SCOTUS CANNOT issues a write of mandamus because it is unconstitutional JUDICAL REVIEW IS BORN!

Marbury’s Argument: section 13 of the Judiciary Act of 1789 giving SCOTUS the power to issue writs of mandamus.

However Section 13 conflicts with Article III of the constitution because the court did not have original jurisdiction in this case.

Because Marbury is a justice of the peace he did not fall into one of the 3 categories of original jurisdiction that the court had. Therefore this was an unconstitutional request of Marbury to ask the court. Hence the birth of judicial review.

What are the only 3 circumstances that SCOTUS has original jurisdiction?

1. Ambassadors

2. Other public ministers and consuls and

3. Those in which the state shall be a party.

Does SCOTUS have the authority to review state court decisions addressing federal questions?

NO