Players
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
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.
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 decision maker 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.
Defined as when more than one court has the right to hear the case
Concurrent Jurisdiction
What is McCulloch v Maryland?
Maryland didn't have the right to tax the federal government. The federal government's implied power to create a bank strengthened the Supremacy Clause.
Who brought the case to the Supreme Court (who was the petitioner)?
William Marbury
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.
Name an 1857 case in which the Supreme Court asserted the power of judicial review on the issue of slavery?
Dred Scott v. Sanford
T.L.O. was a high school student. School officials searched her purse, suspecting she had cigarettes. The officials discovered cigarettes, a small amount of marijuana, and a list containing the names of students who owed T.L.O. money.
The Juvenile and Domestic Relations Court of New Jersey, Middlesex County, found her guilty and sentenced her to probation for one year. On appeal, the Superior Court of New Jersey, Appellate Division, affirmed the denial of the motion to suppress evidence. The New Jersey Supreme Court reversed, holding that the Fourth Amendment's exclusionary rule applies to searches and seizures conducted by school officials in public schools.
Who had original jurisdiction?
Juvenile and Domestic Relations Court of New Jersey
What is Mapp v Ohio?
You must have a warrant that outlines specifically what police are looking for—exclusionary rule.
What President appointed Marbury to the justice of the peace position?
John Adams
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.
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.
Ms. Pohl broke into a Dollar General in Tennessee but is a Missouri resident. Who in the dual court system would have jurisdiction?
Federal: Citizens between states
A New York state law gave Robert R. Livingston and Robert Fulton a 20-year monopoly over navigation on waters within state jurisdiction. Aaron ****** and other competitors tried to forestall the monopoly, but Livingston and Fulton largely succeeded in selling a franchise or buying competitors’ boats. Thomas ****** -- a steamboat owner who did business between New York and New Jersey under a federal coastal license – formed a partnership with *****, which fell apart after three years when **** operated another steamboat on a New York route belonging to ****. *****b filed suit against ***** in New York state court, and received a permanent injunction. The New York state court rejected ******’s argument that U.S. Congress controlled interstate commerce.
Gibbons v Odgen
Who was President when Marbury brought his case to the U.S. Supreme Court?
Thomas Jefferson
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.
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
In what became known as the "Pentagon Papers Case," the Nixon Administration attempted to prevent the New York Times and Washington Post from publishing materials belonging to a classified Defense Department study regarding the history of United States activities in Vietnam. The President argued that prior restraint was necessary to protect national security. This case was decided together with United States v. Washington Post Co.
Name the case & what level of jurisdiction this case has.
New York Times v U.S: Exclusive Jurisdiction
What is Tinker v Des Mois?
Students wanted to peacefully protest the Vietnam War by wearing armbands. The Supreme Court said students can keep their First Amendment rights as long as they don't compromise education.
Who was the Secretary of State who failed to have Marbury’s commission delivered on time?
James Madison
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.
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.
What court NEVER has appellate jurisdiction
District Court- Circuit Court
Alfonzo Lopez was a Texas high school senior who took a concealed weapon inside his school. Federal charges were soon imposed because he violated the Gun-Free School Zones Act of 1990. The act stated that individuals could not possess firearms within school zones based on the premise of the Commerce Clause. Upheald the 10th amendment & reinforced federalism.
U.S v Lopez