Nature and Scope of Judicial Review Flashcards
What case realized Judicial Review?
Marbury v. Madison
What were the facts of Marbury v. Madison?
The Election of 1800 where Adams lost to Jefferson and Adams attempted to make midnight appointments but Jefferson instructed Madison not to deliver them. Marbury was waiting on his appointment and when he didn’t get it he sued Madison to give him the appointment
What did Marbury asked SCOTUS for? Why did he believe SCOTUS had the power to do that?
a writ of mandamus compelling Madison to deliver his official appointment papers; Section 13 of the Judiciary Act of 1789
What is a writ of mandamus?
an order from the court ordering a government official to properly fulfill their government duties or correct an abuse of discretion
Do the laws afford Marbury a political remedy?
Yes, but only a political one. Not every right has a judicial remedy.
How are acts by an agent for the President examinable?
Politically, there is no judicial power that would allow the court to rule against the will of POTUS
What kinds of acts may SCOTUS review?
Ministerial
What kinds of issues is SCOTUS unable to decide and provide remedies for?
Discretionary
May SCOTUS create laws outside of the scope of the Constitution?
No.
What forces the legislature to only bring laws that are constitutional to the floor for debate?
the oath of office which requires they uphold the constitution
What justice wrote the opinion in Marbury v. Madison?
John Marshall
What rights did the opinion Marbury v. Madison establish for SCOTUS?
- Judicial Review: the right to declare laws of congress unconstitutional
- the right review ministerial acts of government officials
What law was declared unconstitutional by Marshall in Marbury v. Madison?
the law that would have given the court the power to issue the writ to Madison (Judiciary Act of 1789)
Where does SCOTUS get its power?
USC Art. III
What were the basic facts of Martin v. Hunter’s Lessee?
Conflicting claims to who owned land in Virginia. Martin (a brit) claimed he inherited it but Virginia had a law that took land from Brit nationals. Meanwhile the US and Britain had a treaty that allowed Brits to own land in the US
What were the procedural facts of Martin v. Hunter’s Lessee?
Virginia Court of Appeals ruled in favor oof Hunter. SCOTUS reversed. Virginia Court of Appeals then held SCOTUS lacked the authority to review state court decisions
What rule do we get from Martin v. Hunter’s Lessee?
SCOTUS has appellate review of state decisions of federal constitutional questions
What part of the Constitution makes the Constitution the supreme law of the land?
Art. VI - the Supremacy Clause
Does SCOTUS have the power to review state court determinations of state law?
lol no.
Why was the Constitution created?
To replace the articles of confederation
What was McCulloch v. Maryland about?
Whether the state of Maryland could collect a tax from the Bank of the US
What rule do we get from McCulloch v. Maryland?
Federal congressional powers are construed broadly and the authority of state governments to impede the federal government is limited
Is Congress limited to those acts specified in the Constitution?
No, Congress may choose any means, no prohibited by the USC to carry out its lawful authority
3 Key Points from McCulloch
- The power to create implies the power to preserve.
- A power to destroy, if wielded by a different hand, is hostile to, and incompatible with these powers to create and preserve; thus there is a conflict between the federal action and the state’s reaction
- where this repugnancy exists, that authority which is supreme must control and not yield to that over which it is supreme
