Constitutional Law 1
Brendan Beery
Spring 2015
Marbury v Madison-Sup. Court 1803.
Facts: On his last day in office, President John Adams named forty-two justices of the peace and sixteen new circuit court justices for the District of Columbia under the Organic Act. The Organic Act was an attempt by the Federalists to take control of the federal judiciary before Thomas Jefferson took office.
The commissions were signed by President Adams and sealed by still acting Sec of State John Marshal. They were not delivered before the expiration of Adams’s term as president. President Thomas Jefferson refused to honor the commissions, claiming that they were invalid because they had not been finalized the end of Adams’s term.
Marbury (P) was an intended recipient of an appointment as a judge. Marbury applied directly to the Supreme Court of the United States for a writ of mandamus to compel Jefferson’s Secretary of State, James Madison (D), to deliver the commissions. The Judiciary Act of 1789 had granted the Supreme Court original jurisdiction to issue writs of mandamus “…to any courts appointed, or persons holding office, under the authority of the United States.”
Procedural Posture: P submitted a writ of mandamus to sup. court to order ses of state (D) to finalize the P’s position as a judge.
Issue: Does P have right to commission he demands? 2). If his rights have been violated, is he owed a remedy by law? 3). If entitled to a remedy, can the Supreme Court order a writ of mandamus to the D IOT finalize the commission?
Holding: 1). Yes 2). Yes 3). No, the Rule must be discharged.
Reasoning: 1. P’s Commission is lawful because it was signed by the president, sealed by the sec of state, and is final and irrevocable. 2). Yes. The essence of civil liberty is the right of every individual to claim protection of the laws, whenever he receives an injury. 3). No. The Supreme Court does not have original jurisdiction to issue writs of mandamus:
The Constitution states that “the Supreme Court shall have original jurisdiction in all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be a party. In all other cases, the Supreme Court shall have appellate jurisdiction.” Marshall explains this as “If it had been intended to leave it in the discretion of the Legislature to apportion the judicial power between the Supreme and inferior courts according to the will of that body, this section is mere surplusage and is entirely without meaning. If Congress remains at liberty to give this court appellate jurisdiction where the Constitution has declared their jurisdiction shall be original, and original jurisdiction where the Constitution has declared it shall be appellate, the distribution of jurisdiction made in the Constitution, is form without substance.” The Constitution is the “supreme law of the land” (Art. VI). It establishes limits on the powers of the government. It is the duty of the judicial department to say/interpret what the law is. When a case comes to the Supreme Court, the Court must decide that case according to the law. If any branch of gov exceeds its powers outside the scope the articles of the constitution limit it to, the whole thing becomes worthless.
Judicial review: Judicial supremacy: A decision by fed sup. court binds all courts, state and federal. Cooper v errands
Class Notes: Constitution creates and limits power of gov. Can the government do that? àAnswer is in the constitution.
Constitutional convention came out of necessity of the inadequacies of the Articles of confederation. 1789, constitution ratified with the Bill of Rights on behalf of states’ concerns of personal liberty and fed taking effect in 1791.
Originalist Judge. Constitution means now, what it meant then. Black and white interpretation. Specific meaning to words. Dilemma is Where to start with origginalismà1789, 1791 or 1868?
13th Amendment to abolish slavery didn’t workà14th amendment created to remedy the problems (Dredd Scott Case)
Organic Judge: Evolving standards from origin to present.
Article I section 8—powers of congress.–> Commerce clause is broadest, and under which congress references in order to push scope of boundaries. “Necessary & Proper” clause in reference to the previous 17 paragraphs of Section 8. Necessary and proper to raise armies, for example. Article I sec. 10. Limits states in order to maintain unified gov.
Expresio unius est exclusive alterius: One expression is exclusive to others. “it’s not on the list”
Article II: Executive power vested in a POTUS. Congress makes law, POTUS executes. Slow movement of power from leg to exec branch. POTUS is also commander in chief, putting military in charge b
s at question unless the finding on fed con will directly affect the ruling of the state issue.
All fed courts have judicial Review; All Sup Court decisions are final and supreme law of land.
Scope of Authority:
In Marbury v Madison Marshall sided with Madison/Jefferson in order to solidify the mandatory enactments of Judicial Review, even though he sealed Marbury’s commission. Jurisdiction is the authority to do something. Needs to Establish jurisdiction. Case in one sentence: Court does not have the original jurisdiction to enforce the commission, only has appellate jurisdiction. Judicial Review: First needs a conflict between a statute and the constitution. Marbury said judiciary act of 1789 does give statutory right to commission, but ART III of constitution says the sup court does not have original jurisdiction here, as it only has original jurisdiction in regard to ambassadors, foreign dignitaries, ALL other cases are appellate jurisdiction. Congress cannot give Supreme Court original jurisdiction.
District federal court—Authority to hear case in first instanceàoriginal jurisdiction. Congress creates Fed district and circuit courts. Gives them jurisdiction. Congress can influence first two federal courts but not supreme court.
Statuteà original jurisdiction
Constitutionà Appellate jurisdiction
When provision of a statue can be interpreted as non or constitutional, court must rule with the constitutional. Marshall: If constitution is law of land, that the exec. And legis. Branches have to abide by, then the Supreme Court has the right to say what the law is. Lost the battle to commission Marbury to win the war of the power of Judicial Review.
Judicial Supremacy: Cite Cooper v Aaron case
Judicial Supremacy: makes the new law of the land under Supremacy Clause. All other laws at all levels must abide by any supreme court decisions.
