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Supreme Court

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Ms. Cahill

on 2 May 2014

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Transcript of Supreme Court

Article III Section I
Chief Justice
8 Associate Judges
Judicial Review
The Players
John Adams
Thomas Jefferson
James Madison
William Marbury
John Marshall
Famous court case that first asserted judicial review
Decide the constitutionality of an act of government
Any court
Supreme Court has final authority on the meaning of the Constitution
Judicial Review is not written in the Constitution
The Case
8,000 appeals to Supreme Court every year
Supreme Court has original AND appelate jurisdiction
Original Jurisdiction: If state is involved and if affecting ambassadors, public ministers and consuls
Supreme Court
The ONLY court specifically created by the Constitution
Marbury v. Madison
Night before leaving office, Adams signed judicial commissions
Approved by Senate
Marbury was included
Other judges as well
"Midnight Judges"
Jefferson gets mad!
Tells James Madison to not deliver those commissions
Marbury sues
based on Judiciary Act of 1789
right to hear suits in its original jurisdiction
Supreme Court Decision
Refused Marbury's Request
1. Established that the Constitution is the supreme law of the land
2. All legislative acts and other actions of government are subordinate (inferior) to the supreme law and cannot be allowed to conflict with it.
3. Judges are sworn to enforce the provisions of the Constitution. Therefore, may refuse to enforce any government action they find to be in conflict with it.
Writ of certiorari
9 Total Judges on the Supreme Court
Final Authority!
In any case involving any question arising under the Constitution, an act of Congress, or a treaty of the United States

Outgoing President (Federalist)
Incoming President (Democratic-Republican)
Incoming Secretary of State
Appointed a Justice of the Peace for the District of Colombia
Chief Justice of the Supreme Court
Why do you think Adams wanted to "pack the court?"
Do you think that Marbury was right to do this?
John Marshall
Judiciary Act was unconstitutional!
What could be some problems with judicial review?
The rule of 4:
4 judges must agree to put case in docket
"To be made more certain"
An order by the Court directing a lower court to send up the record in a given case for its review
First Monday in October to June or July
Oral Arguments: 2 weeks
maximum 30 minutes

Recess: 2 weeks
Briefs: written documents filed BEFORE oral arguments begin
Full transcript