Chief Justice John Marshall

Who was the Chief Justice of the Supreme Court of the United States who wrote the opinion in Marbury v. Madison?

Judicial review, which allows the Supreme Court to declare unconstitutional acts of Congress and the President.

Name and define the key concept established in 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.

What is the legacy of Marbury v. Madison?

There are three independent and co-equal branches of government: Executive, Legislative, and Judicial.

Summarize the concept of separation of powers.

Clinton v. Jones and United States v. Morrison

Clinton v. Jones and United States v. Morrison Name a court case in which the Supreme Court has cited Marbury v. Madison in its decision.

William Marbury

Who brought the case to the Supreme Court (who was the petitioner)?

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.

Why did Marbury sue Madison?

Dred Scott v. Sanford

Name an 1857 case in which the Supreme Court asserted the power of judicial review on the issue of slavery?

The U.S. Supreme Court has the authority to declare unconstitutional acts of Congress and the President.

Summarize the concept of judicial review.

No. The Supreme Court ruled that it did not have the authority to remedy the problem.

Did Marbury receive the remedy he wanted?

John Adams

What President appointed Marbury to the justice of the peace position?

Yes. The commission was properly signed and sealed. It did not have to be delivered to be official.

Did the Supreme Court decide that Marbury had a right to the commission?

Brown v. Board of Education.

Name a 1954 case in which the Supreme Court asserted the power of judicial review on an issue of public school desegregation?

Checks and Balances

What principal of government is judicial review an example of?

To present its perspective on an issue before the Court in way that it hopes will be informative and persuasive.

What is the role of the amicus curiae?

Thomas Jefferson

Who was President when Marbury brought his case to the U.S. Supreme Court?

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.

If the Court found that Marbury had a right to the commission, why didn’t the Justices give it to him?

Bush v. Gore.

Name a case in 2000 in which the Supreme Court asserted the power of judicial review on an issue regarding the Presidential election?

Only the Supreme Court decides what is constitutional.

Summarize the concept that the Supreme Court is the final arbiter of the U.S. Constitution.

Order Madison to give him the commission that would have made him a justice of the peace.

What did Marbury want the Supreme Court to do?

James Madison

Who was the Secretary of State who failed to have Marbury’s commission delivered on time?

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.

Explain the compromise crafted by Chief Justice Marshall in the decision.

Chief Justice John Marshall in Marbury v. 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.”

A court order compelling a public official to take an action or prohibiting a public official from taking an action.

What is a writ of mandamus?

No. However, Madison’s decision not to appear was considered a protest statement.

Do the parties have to be present at the Supreme Court for oral arguments?