Supreme Court Justices (2013) Sonia Sotomayor Stephen Breyer Samuel Alito Elena Kagan Clarence Thomas Antonin Scalia Chief Justice John G. Roberts Anthony Kennedy Ruth Bader Ginsburg

The Judiciary Power Objective: Assess Marbury vs. Madison, and draw conclusions as to the validity of the court’s holding. Question: What do we mean by the power of “Judicial Review”? The power to declare a law unconstitutional Question: Where is this power listed in the Constitution? It is not written expressly in the Constitution.

Original v. Appellate Jurisdiction Original Jurisdiction = authority to hear cases for the first time District Courts Appellate Jurisdiction = authority to review fairness of lower courts’ decisions Circuit Courts and Supreme Court If a party to a case in District Ct. is unhappy with the ruling, they may appeal the ruling to a Court of Appeals (except prosecutors) Most Supreme Court cases are from appeals, not original jurisdiction

United States Constitution (Art. III, sec. 2, cl. 2): “In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction.”

Marbury vs. Madison (1803) Background: President John Adams loses election of 1800 to Jefferson Adams packs Judiciary with Federalist judges before leaving office. John Marshall (Adam’s Sec. State) delivers the commissions, but 17 were left for the incoming Sec. State to deliver. Oops!! Madison (Jefferson’s Sec. State) refused to deliver them Marbury, one of the 17 judges, sues Madison. Question: Should Marshall have ruled on this case? Question: What is the possible constitutional crisis? James Madison Thomas Jefferson

Marbury vs. Madison (1803) Marshall writes unanimous decision: Madison violated Marbury’s right to an appointment. Courts have power to compel public officials to do their duty (writ of mandamus)……BUT…Supreme Court couldn’t compel Madison to do so because… Sec. 13 of Judiciary Act of 1789 was unconstitutional because it gave the Supreme Court original jurisdiction over writs of mandamus, contrary to the Constitution Laws of Congress are subordinate to (below) Constitution Supreme Court has duty to interpret Constitution and rule conflicting laws to be unconstitutional (Judicial Review)

United States Constitution (Art. III, sec. 2, cl. 2): “In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction.” Do you agree with Justice Marshall’s interpretation of original jurisdiction under the Constitution?

Discussion Questions As a Supreme Court, you will decide: 1) Does Art. III, Sec. 2, cl. 2 give the court original jurisdiction to order Madison to deliver the appointment? 2) Does the “Judicial Power” described in Article III include the power of Judicial Review? Write a decision paragraph: For the Majority For the Dissent