Players
Facts of the Case
Legacy
Concepts
Arguments
100
Who was the Chief Justice of the Supreme Court of the United States who wrote the opinion in Marbury v. Madison?
Chief Justice John Marshall
100
Name and define the key concept established in Marbury v. Madison.
Judicial review, which allows the Supreme Court to declare unconstitutional acts of Congress and the President.
100
What is the legacy of Marbury v. Madison?
It made the Judiciary a co-equal branch of government with the Legislative and Executive branches. 2) It established the Supreme Court as the final arbiter of the Constitution. 3) It gave the Supreme Court the authority to declare unconstitutional acts of Congress and the President. 4) It established that the rule of law would govern Supreme Court decisions. 5) It established the neutrality and credibility of the Supreme Court.
100
Summarize the concept of separation of powers.
There are three independent and co-equal branches of government: Executive, Legislative, and Judicial.
100
Clinton v. Jones and United States v. Morrison Name a court case in which the Supreme Court has cited Marbury v. Madison in its decision.
Clinton v. Jones and United States v. Morrison
200
Who brought the case to the Supreme Court (who was the petitioner)?
William Marbury
200
Why did Marbury sue Madison?
Secretary of State Madison, who was responsible for the delivery of justice of the peace commissions, did not have Marbury’s commission delivered. Marbury sued Madison to get the commission so that he (Marbury) could be a justice of the peace.
200
Name an 1857 case in which the Supreme Court asserted the power of judicial review on the issue of slavery?
Dred Scott v. Sanford
200
Summarize the concept of judicial review.
The U.S. Supreme Court has the authority to declare unconstitutional acts of Congress and the President.
200
Did Marbury receive the remedy he wanted?
No. The Supreme Court ruled that it did not have the authority to remedy the problem.
300
What President appointed Marbury to the justice of the peace position?
John Adams
300
Did the Supreme Court decide that Marbury had a right to the commission?
Yes. The commission was properly signed and sealed. It did not have to be delivered to be official.
300
Name a 1954 case in which the Supreme Court asserted the power of judicial review on an issue of public school desegregation?
Brown v. Board of Education.
300
What principal of government is judicial review an example of?
Checks and Balances
300
What is the role of the amicus curiae?
To present its perspective on an issue before the Court in way that it hopes will be informative and persuasive.
400
Who was President when Marbury brought his case to the U.S. Supreme Court?
Thomas Jefferson
400
If the Court found that Marbury had a right to the commission, why didn’t the Justices give it to him?
Because the Court decided that it did not have the authority to remedy the situation. Although the Court concluded that Marbury was entitled to the commission, it declared unconstitutional the law (the Judiciary Act of 1789) that would have granted the Court the power to fix the problem.
400
Name a case in 2000 in which the Supreme Court asserted the power of judicial review on an issue regarding the Presidential election?
Bush v. Gore.
400
Summarize the concept that the Supreme Court is the final arbiter of the U.S. Constitution.
Only the Supreme Court decides what is constitutional.
400
What did Marbury want the Supreme Court to do?
Order Madison to give him the commission that would have made him a justice of the peace.
500
Who was the Secretary of State who failed to have Marbury’s commission delivered on time?
James Madison
500
Explain the compromise crafted by Chief Justice Marshall in the decision.
The Court decided that while Marbury was entitled to the commission, the Supreme Court could not under the Constitution take the action that would have made it possible. The effect of the Court’s decision was to 1) acknowledge that Congress has the authority to give the Judiciary certain powers; 2) limit the Court’s own powers.
500
Who made the following statement and in what Supreme Court case was it made? “The Constitution is superior to any ordinary act of the legislature . . .” and “a law repugnant to the Constitution is void . . ..” “It is emphatically the province of the judicial department to say what the law is.”
Chief Justice John Marshall in Marbury v. Madison.
500
What is a writ of mandamus?
A court order compelling a public official to take an action or prohibiting a public official from taking an action.
500
Do the parties have to be present at the Supreme Court for oral arguments?
No. However, Madison’s decision not to appear was considered a protest statement.
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