1. American Government
The Federal Judiciary

2. Marbury v. Madison
Election of 1800: Adams (Federalist) vs. Jefferson (Democratic-Republican)
The winner: Jefferson
On the way out, Federalists passed the Judiciary Act of 1801
Created 59 new judgeships
Appointed John Marshall (former Sec. of State) to Supreme Court

3. Marbury v. Madison Marshall forgot to deliver 17 commissions
James Madison (new Sec. of State) refused to deliver
Marbury sued to get his appointment
Supreme Court Justice Marshall (the old Sec. of State!) in a predicament

4. Marbury v. Madison What would have happened if… The actual ruling:
Court ruled in favor of Marbury?
Court ruled against Marbury?
The actual ruling:
Court lacked authority to compel delivery
Judiciary Act of 1789—which authorized Court to issue orders to government officials—was unconstitutional
What was required of other actors: NOTHING!
How does impeachment of justices work?

5. Getting to the Supreme Court
Original Jurisdiction
Specified in the Constitution: Ambassadors, disputes between states
In 200 years, Court has heard only 160 cases under original jurisdiction
Appellate Jurisdiction
Appealed through federal courts or state supreme court
U.S. Supreme Court hears just 1% of appeals

6. How the Supreme Court Operates
Writ of certiorari
Rule of four
If not issued, decision stands
Filing briefs
Oral arguments (Oct-April)
Judicial Conference
Opinions (Majority, Concurring, Dissenting)
Every Supreme Court decision contains two elements essential to creating doctrine:
The vote that decides the case in favor of one of the parties, and
The opinion -- a statement or set of statements in which the majority explains the rationale for its decision in such a way as to create doctrine (that is, make policy).
A unanimous Court decision:
Is less likely to be reversed in the future.
Creates more compelling precedent than a case decided by a 5-4 vote.

7. Discussion Questions
Which judicial philosophy seems to be prevalent in this case?
What language in the opinion leads you to this conclusion?
As a result of this decision, what was required of other actors?
What might have happened if the Court ruled the other way?
Does this case signify a weak or powerful Supreme Court?