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American Government

American Government. The Federal Judiciary. Marbury v. Madison. Election of 1800: Adams (Federalist) vs. Jefferson (Democratic-Republican) The winner: Jefferson On the way out, Federalists passed the Judiciary Act of 1801 Created 59 new judgeships

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American Government

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  1. American Government The Federal Judiciary

  2. Marbury v. Madison • Election of 1800: Adams (Federalist) vs. Jefferson (Democratic-Republican) • The winner: Jefferson • On the way out, Federalists passed the Judiciary Act of 1801 • Created 59 new judgeships • Appointed John Marshall (former Sec. of State) to Supreme Court

  3. Marbury v. Madison • Marshall forgot to deliver 17 commissions • James Madison (new Sec. of State) refused to deliver • Marbury sued to get his appointment • Supreme Court Justice Marshall (the old Sec. of State!) in a predicament

  4. Marbury v. Madison • What would have happened if… • Court ruled in favor of Marbury? • Court ruled against Marbury? • The actual ruling: • Court lacked authority to compel delivery • Judiciary Act of 1789—which authorized Court to issue orders to government officials—was unconstitutional • What was required of other actors: NOTHING!

  5. Getting to the Supreme Court • Original Jurisdiction • Specified in the Constitution: Ambassadors, disputes between states • In 200 years, Court has heard only 160 cases under original jurisdiction • Appellate Jurisdiction • Appealed through federal courts or state supreme court • U.S. Supreme Court hears just 1% of appeals

  6. How the Supreme Court Operates • Writ of certiorari • Rule of four • If not issued, decision stands • Filing briefs • Oral arguments (Oct-April) • Judicial Conference • Opinions (Majority, Concurring, Dissenting)

  7. Discussion Questions • Which judicial philosophy seems to be prevalent in this case? • What language in the opinion leads you to this conclusion? • As a result of this decision, what was required of other actors? • What might have happened if the Court ruled the other way? • Does this case signify a weak or powerful Supreme Court?

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