I. Chapter 1 – Nature and Scope of Judicial Review:
a. Which Branch of Gov Interprets Constitution – Marbury v Madison
i. FACTS: Adams made a bunch of federalists into judges before he left office. Jefferson (new pres) and Madison (secretary) decided to not to deliver the new judge’s commissions, one of which was to be made to Marbury. Marbury requested from the Supreme Court a writ of Mandamus to force the commission.
ii. REASON:
1. Does he have a right to commission? Yes a commission is defined as one with a signature and delivered, therefore since Lincoln said it wasn’t delivered
2. Do the laws of the US afford a remedy if he has a right that was violated? NO, there are no rights of the US that can afforded to him EXCEPT the writ of Mandamus
3. Is he Entitled to the remedy for which he applies? NO, because the Act of Congress is Unconstitutional
4. Supremacy of Constitution –
a. A written constitution est. a paramount law. Therefore, any act of the legislature against this must be struck
b. It is the duty of the judiciary to say what the law is, and to deny this would force courts to “close their eyes on the constitution and see only the law” = subverts foundation of constitution
iii. A3S2C2 = “…with such acceptations and regulations as the congress shall make” à Congress can modify Appellate Jurisdiction but NOT Original Jurisdiction
iv. HOLDING: NO. The court has the authority and duty to declare the statute unconstitutional and to refuse to enforce it.
b. Review of State Court Decisions:
i. General –
1. A3S2 gives SC appellate jurisdiction regulated and limited by leg.
2. Judiciary Act allows appellate review of state court judgments limited to questions of federal law
3. Independent and Adequate State Ground – federal judiciary may decide only those cases presenting a “justiciable”controversy;
a. SC may not render and advisory opinion
ii. Supreme Court Review of State Civil Cases – Martin v Hunter’s Lessee
1. FACTS: Virginia Citizen willed his land to his British nephew. But Virginia confiscated the land and sold to Hunter. The appeals court said that the Judiciary Act was unconstitutional to allow the SC to review the decision in appellate jurisdiction.
2. Divide up Article 3 (3 cases and 6 controversies Congress can’t touch)
a. Absolute grant of power to the Supreme Court – purpose of article 3 is to enforce article 6 (supremacy)
b. Tier 1 cases = original jurisdiction (treaties, amb
litical Question”?
a. FACTS: reapportioning of districts every few years. Doing things depriving people to vote. Using the county unit system, it was unfair.
b. HELD: SC gets the case and decide that it is not a political question. It is a constitutional question for equal protection to vote. Constitutional issue in a political matter then WILL take the case.
2. Gilligan v Morgan –
a. FACTS: Ohio National Guard shoots kids on Campus
b. HELD: Asking whether the National Guard able to do their job. It is only capable of a political conclusion, and SC WILL NOT Decide
Powell v McCormack: The House of Representatives refused to seat representative Adam Clayton Powell, even though he had been elected by his constituents. A House subcommittee found that Powel had deceived Congress by presenting false travel vouchers for reimbursements and had made illegal payments to his wife with government funds. Powell and 13 of his constituents sued, arguing that the refusal to seat him was unconstitutional because he was properly elected and met all the Constitutional requirements for serving as a representative. The Constitution specifically provides
