PLSC 471 The Supreme Court, Volume 1

What was the Supreme Court's first term like?

Justices were unsure how far their power extended and were shy to exert it; they had little to nothing to do

Why was it difficult to keep justices on the Supreme Court in its early years?

Justices had to ride circuit to serve lower courts

How did John Marshall and the Federalists view the French Revolution?

Viewed as anarchy and compared it to the French Revolution, essentially a threat to the nation they just built

Who appointed John Marshall? What position did Marshall previously hold?

President Adams; He was previously Secretary of State

What would most likely happen if the Court ruled in favor of William Marbury?

Jefferson's administration would disobey, setting a precedent that the Court doesn't have to be obey; the Court would be a laughing stock

How did most Jeffersonians view the outcome of Marbury v. Madison?

He saw it as a victory since it didn't appear to favor Adams

What is judicial review?

Ability to strike down a law going against the Constitution

What is the only way that Jefferson could get around the Marbury decision?

To give Marbury his commission which he wouldn't do

How did Chief Justice John Marshall interact with the other branches of government after Marbury v. Madison?

Was careful not to challenge the federal gov't again; reluctant to overturn acts of Congress

How did Chief Justice Marshall change how Supreme Court opinions were written?

Changed it from the British model of multiple judges opinions to a unanimous court opinion; more powerful if unified

As reflected by Thomas Jefferson and John Marshall, what were the two major views of the Constitution in the early 1800s?

Jefferson reflects small gov't power whereas Marshall favored the power of federal gov't

How did John Marshall view his citizenship status?

He considered himself a citizen of the United States whereas other at the time would be to their state

What was the conflict involved in Fletcher v. Peck (1810)?

Questioned if the legislature could take back property it sold to investors; protecting individual property (contract clause)