Challenge
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
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.
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.
Summarize the concept of separation of powers.
There are three independent and co-equal branches of government: Executive, Legislative, and Judicial.
Yes or No. Did the case of Marbury vs. Madison have an impact on Brown vs. Board of Education
YES
Who brought the case to the Supreme Court (who was the petitioner)?
William Marbury
Name an 1857 case in which the Supreme Court asserted the power of judicial review on the issue of slavery?
Dred Scott vs. Sanford
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.
Summarize the concept of judicial review.
The U.S. Supreme Court has the authority to declare unconstitutional acts of Congress and the President.
Did Marbury vs. Madison have an impact on Bush vs. Gore?
YES
What President appointed Marbury to the justice of the peace position?
John Adams
Name a 1954 case in which the Supreme Court asserted the power of judicial review on an issue of public school desegregation?
Brown vs. Board of Education
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.
Summarize the role of the chief justice of the Supreme Court
To act as the head of the court and be the "Chief" of all rulings that come to court. Organizes and sets the schedule.
Describe the main issue in United States vs. Lopez
Commerce clause and federal governments use with a state law (Federalism)
Who was President when Marbury brought his case to the U.S. Supreme Court?
Thomas Jefferson
Name a case in 2000 in which the Supreme Court asserted the power of judicial review on an issue regarding the Presidential election?
Bush vs. Gore
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.
Summarize the concept that the Supreme Court is the final arbiter of the U.S. Constitution.
Only the Supreme Court decides what is constitutional.
Describe what the issue was in Shaw vs. Reno and Baker vs. Carr
14th amendment equal protection clause
Who was the Secretary of State who failed to have Marbury’s commission delivered on time?
James Madison
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 the case of Marbury vs. 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.
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.
Commerce Clause (Federalism)