Judicial Review and the Supreme Court

Who was the first federal official to be impeached under Jefferson? Why?

-A New Hampshire judge named John Pickering -Irritated his peers with erratic behavior and a growing problem with alcohol. When Pickering started showing signs of insanity the House of Representatives started impeachment proceedings at Jefferson's insistence.

How did many politicians view Justice Samuel Chase's impeachment as an abuse of power?

-A judge was being punished for expressing his political opinion -Freedom of speech should have been protected by the Bill of Rights and the Constituiton

Why did Jefferson oppose the dropping of all charges against Chase?

-It set a precedent for federal judges to be impeached only for criminal offenses not for opinions -It secured the position of Chief Justice John Marshall

Important cases under John Marshall

-Marbury v. Madison -Fletcher v. Peck -McCulloch v. Maryland -Gibbons v. Ogden

Gibbons v. Ogden (1824)

A New York law gave two individuals exclusive rights to operate steamboats withing the state. One of these individuals was Aaron Ogden. After a few years, Ogden extended his business to New Jersey across the Hudson River. Thomas Gibbons owned a federal coasting license to run steamboats in the same water. Ogden sued Gibbons, claiming that Gibbons' federal coasting license violated his monopoly rights over the waterways of the state of New York.

McCulloch v. Maryland (1819)

After the Second Bank of the U.S. was chartered in 1816, a branch of the bank opened in Baltimore, Maryland. James McCulloch was the cashier at the bank. One year later the Maryland state legislature imposed tax legislation on the bank. McCulloch ignored the law, claiming that it was unconstitutional. The state of Maryland sued McCulloch for refusing to pay the state tax.

Marbury vs. Madison

Case in which the supreme court first asserted the power of Judicial review in finding that the congressional statue expanding the Court's original jurisdiction was unconstitutional

Marbury v. Madison ruling

Chief Justice John Marshall found that though Madison's withholding of the commission was a violation of Marbury'r rights, the Judiciary Act of 1789 was unconstitutional because it gave more power to the courts than the Constitution allowed, and therefore, the Supreme Court did not have the jurisdiction to issue a writ of mandamus for Marbury.

Writ of mandamus

Court order directing an official to perform an official duty

Take a break and study the Marbury v. Madison timeline

Did you do it?

The trial of Samuel Chase set what important precedent?

Federal judges should be impeached only for criminal offenses not for their opinions

Vice president Aaron Burr oversaw the impeachment trial of Justice Samuel Chase. Why was he wanted in both New York and New Jersey?

For killing Alexander Hamilton in a duel

How long do federal judges serve for?

For life and can only be removed by impeachment

Bases on the precedents set by McCulloch v. Maryland and Gibbons v. Ogden, what can be deduced about Marshall's view of the power of the federal government?

He felt that constitutional powers given to the federal government, including the creation and regulation of laws, could not be invalidate by state laws.

Based on the precedents set by Marbury v. Madison and Fletcher v. Peck, what can be deduced about Marshall's view of the power of the judicial branch?

He felt that the judicial branch had the power to invalidate federal and state laws and actions that were not constitutional

Why did Jefferson seek to impeach Chase?

He thought his words (saying the Democratic-Republicans threatened to destroy the nation's peace, order, freedom, and prosperity) were treasonous

What did Jefferson think of the judicial system putting unelected federal judges in lifelong appointments?

He thought it was severely anti-republican and that it would enable the judiciary to become too powerful

Judiciary Act of 1789

In 1789 Congress passed this Act which created the federal-court system. The act managed to quiet popular apprehensions by establishing in each state a federal district court that operated according to local procedures.

Fletcher v. Peck (1810)

In 1795, the legislature in the state of Geogia awarded four companies huge tracts of land on the Yazoo River through a land grant. One year later, a new state legislature voided the law, claiming that it was fraudulent and corrupt. John Peck had bought land under the original land grant and sold the land to Robert Fletcher. Who then sued John Peck claiming that he did not have the title to the land when he sold it to Fletcher.

When was The Judiciary Act of 1801 repealed?

In March of 1802

Why is Marbury v. Madison important?

It established judicial review

It is emphatically the province and duty of the judicial department to say what the law it. Those who apply the rule to particular cases, must be necessity expound and interpret that rule. So if a law be in opposition to the constitution...the court must determine which of these conflicting rules governs the case. This is the very essence of judicial duty..."

John Marshall, Marbury v. Madison opinion

Midnight Appointees

Judge appointed to the Supreme Court by President Adams late on the last day of his administration

Who said, "Our late reformers," meaning the Democratic-Republicans threatened to destroy the nation's, "peace and order, freedom and prosperity."

Justice Samuel Chase

Why did Marbury sue Madison?

Madison would not deliver his commission papers

William Marbury did not win his case against James Madison. What was Chief Justice Marshall's reasoning for why the court could not produce a write of mandamus, even though Marshall agreed that Marbury's commission should have been delivered to him?

Marshall believed the law that gave the court power to issue the writ of mandamus was not a constitutional law, and therefore the court did not really have that power

Marbury v. Madison precedent

Marshall's actions in determining the outcome of Marbury v. Madison were landmark because he used judicial review, which is the court's examination and judgement of the constitutionality of the actions of the legislative and executive branches. Judicial review allows the court to define and interpret the meaning of the law.

McCulloch v. Maryland (1819) ruling

The Supreme Court under John Marshall ruled on two separate issues; The first dealt with the constitutionality of the Bank of the United States. The court founded that the Constitution gave Congress the right to regulate the value of money and establish a bank through the necessary and proper clause. The second found that states did not have a right to interfere with congressional powers, which in this case, meant taxing a federal agency.

Gibbons v. Ogden (1824) ruling

The Supreme Court under John Marshall ruled that interstate commerce included navigating waterways between states. Therefore, these areas fell under the commerce clause of the Constitution, which gave the federal government the authority to regulate interstate commerce. For this reason, the New York law giving Ogden his steamboat monopoly was unconstitutional.

Fletcher v. Peck (1810) ruling

The Supreme Court under John Marshall ruled that the land had legally been passes to the companies. The legislature of Georgia could not take the land back or invalidate a contract because doing either would be unconstitutional. Marshall bases the argument on the fact that the U.S. Constitution prohibited bills of attainder and ex post facto laws. It also denied denied states the power to pass laws "impairing the obligation of contracts."

Judicial review is

The court's examination of the constitutionality of the actions of Congress and the president

Fletcher v. Peck (1810) precedent

The decision of the court in Fletcher v. Peck was the first to distinguish the precedent that the Supreme Court had the right to invalidate state laws that were unconstitutional.

Gibbons v. Ogden (1824) precedent

The decision of the court in Gibbons v. Ogden was the first to distinguish the authority of the federal government to regulate interstate trade.

McCulloch v. Maryland (1819) precedent

The decision of the court in McCulllch v. Maryland further defined the relationship between the federal and state governments by declaring it unconstitutional for a state to interfere in congressional powers.

During the Peaceful Revolution, control of the executive and legislative branches transferred from the Federalists to the Democratic-Republicans in all except which branch?

The judicial branch because the Federalists still controlled it

What was firmly established in the Supreme Court case of Marbury v. Madison?

The judicial power to decide whether a law is constitutional

When Thomas Jefferson became president in 1801, what did he challenge?

The partisan imbalance in the judiciary that his predecessor John Adams created when he appointed what became known as his midnight appointees

What did John Adams do at the end of hid term to try to keep Federalists control in the judiciary branch?

When he had 15 days left in his term he signed the Judiciary Act of 1801. Which created 15 new federal judgeships. Adams then apointed Federalists to every available seat.

Marbury v. Madison (1803)

William Marbury was appointed the supreme Court before Adams left office. The new president, Jefferson, told his Secretary of State, James Madison, not to deliver the commission paper in order to block the Federalists from taking the bench. Marbury sued Madison and requested that the Supreme Court issue a writ of mandamus. Jurisdiction had been given to the court to issue such orders in the Judiciary Act of 1801.