Judicial Review

Judicial Review

Power of the Pen

What is Judicial Review?

The power of the courts to determine if laws are constitutional or not.

Where is judicial review found in the Constitution?

• Its not.

• It was created through Judicial Review of the case of Marbury v. Madison

Poll

The Supreme Court's greatest power was created by the Supreme Court, not the Constitution. Is this a problem?

• Yes

• No

Marbury v. Madison

• 1800, After Thomas Jefferson wins the election but before he takes office

• March 2, Congress creates new federal courts through a Judiciary Act and President Adams appoints 42 supporters as judges

• March 3, Adams' court picks are confirmed by the Senate and Adams' Sec. of State John Marshall

Marbury v. Madison

• Marshall failed to deliver the letters alerting 25 of the new judges of their appointment to the Courts, leaving them on his desk for Jefferson's Sec. of State (James Madison) to deliver

• March 4: Jefferson enters Office and instructs Madison to not deliver the abandoned appointment letters

Marbury v. Madison

• 1803,William Marbury (one of the 25 judges that was appointed by Adams but whose letter was left on Marshall's desk) sued in court, demanding his letter of commotion (writ of mandamus, or his orders to begin his duties)

• John Marshall is now the Chief Justice of the Supreme Court! What will he decide?

Open Ended

1)Why might Adams have tried to appoint a large number of judges that were members of his political party before he left office?

2)Why might Jefferson want to prevent these men from becoming judges?

Marshall's Decision

• "The Judicial Branch of the government does not have to power to issue “writs of mandamus”

• The Judiciary Act of Congress that did permit that was "unconstitutional"

• Why?

  Because it tries to expand the original jurisdiction of the Supreme Court.

Justice John Marshall believed the Constitution was the “paramount law of the nation” and that it constrained the actions of all three branches of the national government.

Which is a strict construction of the Constitution, but that's next class!

Results of the Case

• Established the power of the Supreme Court to decide if a Law or Act is constitutional or not (whether it is allowable under the constitution/follows the Constitution's rules and mandates)

• Established the Supremecy Clause: the Federal Law now always overrules State Law

Multiple Select

What is Judicial Review?

• the ability of the SCOTUS to declare a law or act constitutional

• the ability of the SCOTUS to declare a law or act unconstitutional

• Ability to lead lawyers in a massive review Session

• Deciding whether they like the law or not

• Allowing the President to Veto a Law after it was signed into law