The Judicial Power

Question 1

Article III

Answer 1

Article III created the courts but did not expressly state their role/responsibility.

Question 2

Marbury v. Madison

Answer 2

The Constitution is the law of the land and SCOTUS has the right to overturn laws that are not constitutional. “It is emphatically the province and duty of the judicial department to say what the law is.”

Question 3

Marbury v. Madison

Issues

Answer 3

Has the applicant a right to the commission he demands?

If he has a right, and that right has been violated, do the laws of his country afford him a remedy?

If they do afford him a remedy, is it a writ of mandamus issuing from this court?

Question 4

Marbury v. Madison

Facts

Answer 4

Facts: Marbury wanted SCOTUS to issue a writ of mandamus to force Madison to deliver Marbury’s valid commission to be a federal judge.

Question 5

Marbury v. Madison

Reasoning

Answer 5

Madison had a right to the commission because Adams signed his commission and the US seal was on it. US law could provide a remedy because his appointment was for 5 years, not at the will of the president. Denying that violates his right and so the law affords him a remedy. A writ of mandamus was the proper one. However, SCOTUS couldn’t provide this remedy because § 3 Judiciary Act of 1789 unconstitutionally expanded SCOTUS’s original jurisdiction by allowing the Court to issue writs of mandamus. SCOTUS can only have the power granted to it by the Constitution.​

Question 6

Marbury v. Madison

Holding

Answer 6

Although Marbury had a valid claim, SCOTUS dismissed the case for lack of jurisdiction.

Question 7

Cooper v. Aaron

Answer 7

State officials and the legislature are bound by SCOTUS rulings

Question 8

Cooper v. Aaron

Issue

Answer 8

Whether Arkansas had to abide by Brown v. Board.

Question 9

Cooper v. Aaron

Facts

Answer 9

The governor of Arkansas wanted to keep schools segregated after Brown v. Board.

Question 10

Cooper v. Aaron

Reasoning

Answer 10

The holding from Brown promoted the public peace by preventing race conflicts. The Constitution loses its authority if state governors can just make decisions to override it. SCOTUS cases set the precedent for the rest of the nation to follow

Question 11

Cooper v. Aaron

Holding

Answer 11

Arkansas had to abide by Brown.