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 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.
Summarize the concept of separation of powers.
There are three independent and co-equal branches of government: Executive, Legislative, and Judicial.
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.
What happened to the portion of the Judiciary Act of 1789 that expanded the power of the Supreme Court?
It was struck down as being unconstitutional.
Summarize the concept of judicial review.
The U.S. Supreme Court has the authority to declare unconstitutional acts of Congress and the President.
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.
Fill in the blank: “The Constitution is _________________ to any ordinary act of the legislature . . .” and “a law repugnant to the Constitution is void . . ..”
Superior
What is appellate jurisdiction?
The ability of the Supreme Court to hear cases on appeal from lower federal courts and state supreme courts.
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.
True or false: William Marbury was eventually able to assume his position as a judge.
False
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.
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.
Before it became University of Illinois Chicago School of Law, who was UIC's law school named after?
Supreme Court Justice John Marshall
True or false: according to the Judiciary Act of 1789, the Supreme Court holds original, but not exclusive, jurisdiction over cases between a state and citizens of another state.
True