U5L2: The Supreme Court and Other Courts

What is the significance of John Marshall's ruling in Marbury v. Madison?

Chief Justice John Marshall's ruling established the precedent of judicial review by which the Supreme Court has the final say on whether a law is constitutional or unconstitutional. The Supreme Court has exercised that power in many influential ways over the years that followed.

How is the Supreme Court equal to the other branches of government?

It interprets the laws and has the final say in federal law.

How is the ruling in Marbury v. Madison an example of judicial activism?

Judicial activism allows for a broad interpretation of provisions in the Constitution and statute law, taking into consideration the events and views of the time. In its decision-making process in Marbury v. Madison, the court interpreted the Judiciary Act of 1789 and found that the section on which Marbury based his case conflicted with the Constitution, and, therefore, the court deemed Marbury's suit to be void. This decision established the precedent of judicial review and greatly expanded the power of the Supreme Court. Since the Marbury v. Madison decision went beyond the "intent of the Framers" and radically altered the function of the Supreme Court, the ruling would be considered an example of judicial activism.

Why is the idea of precedent important to how the Supreme Court functions?

Precedent is a key concept for the Supreme Court because it bases many of its rulings upon its decisions on earlier cases that dealt with similar issues. In addition, the majority opinions of the current court establish new precedents for future court decisions.

When Chief Justice Marshall wrote "A law repugnant to the Constitution is void" in the case Marbury v. Madison, what was he claiming?

The Supreme Courts has the right to declare laws of Congress unconstitutional.

What are the events that must happen in order for the Supreme Court to hear a case over which it does not have original jurisdiction?

The case must be appealed to the court from a lower court, or the court must issue a writ of certiorari telling a lower court to send the case to the Supreme Court for review. In both instances, at least four justices on the court must agree to hear the case.

concurring opinion

an opinion which is basically in agreement with the decision that the Court has made, but which bases that opinion on different reasons

dissenting opinion

an opinion written by a justice who does not agree with the Court's decision, explaining the reasons why not

precedent

court decision that stands as an example to be followed in future, similar cases

Which of the following is an example of the Supreme Court using the power of judicial review?

deciding the constitutionality of a law

courts-martial

for cases involving military law.

judicial review

the authority to decide the constitutionality of a law or action.

majority opinion

the opinion on which the decision of the Court is based, which identifies the issues in the case and the reasons for the decision