Federal Judicial Powers - Establishment and Marbury Flashcards
What are the 2 rules that come from Marbury v. Madison?
- SCOTUS has the authority to review laws and legislative acts to determine whether they comply with the Constitution
- No person is above the law, and where there has been a right that has been trampled on, there is a remedy
Did Marbury have the right to his judicial appointment as a Supreme Court Justice?
Yes, Marbury did have a right to his judicial appointment of Supreme Court Justice because he was appointed and confirmed by the senate
What would Marbury’s remedy have been?
Although a writ of mandamus would have been appropriate, Section 13 of the Judiciary Act, which authorized the United States Supreme Court to give such a remedy, was determined to be unconstitutional.
Why was the Judiciary Act of 1789 determined to be unconstitutional?
The Act is unconstitutional because it seeks to expand SCOTUS original jurisdiction and therefore jurisdiction over Marbury’s claim cannot be exercised.
SCOTUS may only have ORIGINAL jurisdiction in cases affecting ambassadors, etc… and those in which the state shall be a party.
What were the methods of reasoning in Marbury v. Madison?
Textual, structural, and pragmatic
Was Marybury’s right violated, and if so did he have a remedy under U.S. law?
Yes, Marbury’s rights were violated and he was entitled to a remedy under federal law because he was appointed by a legal act of the President.
Even the King of Great Britain can be sued—the US must afford a legal remedy. Section 13 of the Judiciary Act gave the Supreme Court the power to issue a writ of mandamus to officers like the Secretary of State.
Is the Constitution paramount when it comes to original jurisdiction?
Yes - If the constitution says only original jurisdiction is certain cases then that is what must be followed
Can Congress extend SCOTUS original jurisdiction past its Constitutional limits?
No, because the government is limited through the separation of powers. The constitution limits each branches of governments powers for good reason
What is the power of judicial review that comes from Marbury v. Madison?
This was the first time the Supreme Court struck down a Congressional act.
Therefore, the job of the judiciary is holding the other branches of the government accountable for unconstitutional actions
Is the executive branch subject to SCOTUS review?
Yes, except in cases where the action is political in nature.
What were the methods of reasoning in Martin v. Hunter’s lessee?
textual, structural, pragmatic
What was the dispute over in Martin v. Hunter’s lessee?
the dispute was over land
What were the key takeaways from Martin v. Hunter’s lessee(3)?
- The supremacy clause
- Judicial review of states
- the importance of the uniformity of law
What was the rule that came from Martin v. Hunter’s lessee?
Article III of the Constitution, gives SCOTUS the authority to exercise appellate review of state court decisions.
Article III does not limit SCOTUS appellate jurisdiction to particular lower courts.
