FEDERAL COURTS
WEINBERG
SPRING 2005
PART ONE: THE JUDICIAL BRANCH
* Introduction: Judicial Review
U.S. Const. Art. III
§ 1. “The judicial power of the United States shall be vested in one Supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.”
§ 2. [Cl. 1] Scope of Judicial Power – shall extend to all:
1. Cases, in law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made under such authority;
2. Cases affecting Ambassadors, public ministers, & consuls;
3. Cases of Admiralty and maritime jurisdiction;
4. Controversies to which the U.S. is a party;
5. Controversies b/w 2 or more states;
6. Controversies b/w a State and citizens of another State;
7. Controversies b/w/ citizens of different States;
8. Controversies b/w citizens of the same State claiming lands under grants of different States;
9. Controversies b/w a State (or its citizens) and a Foreign State (its citizens or subjects).
[Cl. 2] Jurisdiction:
1. Original Jurisdiction – All Cases affecting Ambassadors/Ministers/Consuls, and those in which a State shall be party.
2. Appellate Jurisdiction – All other cases before mentioned, both as to law and fact, unless provided for by exceptions made by Congress.
Trial of all crimes, except impeachment, shall be by jury and shall be held in the State where the said crime is committed.
Marbury v. Madison (1803)
In 1801, while Adams was a lame duck, the old Federalist Congress attempted to pack the federal judiciary w/Federalist appointees. In passing the “Law of the Midnight Judges,” the Circuit Court Act of 1801 established 16 circuit court judgeships. Jefferson declares these lame-duck appointees a nullity.
Marbury was one of Adams’ justice of the peace appointments, but he never received his formal commission. His commission had been signed and sealed but never delivered. Justice Marshall, at the time of penning his opinion, was thought to be under fear of impeachment due to the anti-Federalist power surge then ongoing.
Structure of the Opinion:
Question 1) Has the applicant (Marbury) a right to the commission that he demads?
Answer: The appointment originates in an act of Congress and was signed and sealed. Therefore, the appointment is irrevocable.
Question 2) If there he has a right, and that right has been violated, do the laws of the country afford him a remedy?
Answer: Citing Blackstone “Where there is a legal right, there is also a legal remedy by suit or action at law, whenever that right is invaded.”
Question 3) Is Marbury entitled to the remedy for which he applies, and if so, can such a remedy issue from this court (Supreme Court)?
Answer
ention that Marshall intended that Marbury give rise to federal judicial review in/of state courts.
T: Legislative Revision – When Congress disagrees w/the Court on a point of federal law, Congress can override the particular decision, and the President can sign such overrides into law. The idea is that the power of constitutional review cannot be confined unqualifiedly to the courts.
I. THE SEPARATE JUDICIAL POWER
A. Judicial Power to Legislate: Correspondence of the Justices – The Court refuses to assist the Executive branch in determining what is and is not constitutional.
1. Bear in mind the Court’s unwillingness to issue advisory opinions.
2. Typically, the Court is constrained to work relating only to “cases and controversies.” It may, however, be empowered by Congress to take on additional roles when those roles seem administrative to the judiciary or when those roles have certain other import for the judiciary on the whole.
B. Standing (Skipped this Section)
II. THE POWER OF CONGRESS TO EXPAND FEDERAL JURISDICTION
A. When Limited By Art. III to Certain Parties
