Supreme Court Cases

Justice John Marshall was a Federalist who believed in a strong national government and certainly moved in this direction with his Marbury ruling. Do you think it is proper for a Supreme Court Justice to allow his or her personal political opinions to influence the rulings of the Court?

Argument 1: Students who think the influence of personal politics on Court rulings is improper may say that legal opinions should be based on a legal interpretation of the Constitution law and not on politics. Argument 2: Students who accept political influence on Court rulings as proper may say that it often reflects the will of the majority.

The United States is one of the few countries in which the highest court of the land has the power to declare a law unconstitutional. Do you believe that such a power is of benefit to a country?

Argument 1: Those who favor the Court's power may say that it provides a check on Congress and more equally balances the power of the three branches of government. Argument 2: Students who oppose the Court's power may say that since Congressional representatives are elected, they represent the will of the people, so the laws passed by Congress should stand and not be subjected to a review by a Court of appointed judges.

Marbury v. Madison (1803)

Established judicial review; "midnight judges;" John Marshall; power of the Supreme Court.

In what way did the Marbury decision enhance the system of checks and balances provided for in the Constitution?

It provided a way to check the powers of Congress and the president, and thus more effectively balanced the powers of all three branches of the federal government.

Constitutional scholars have pointed out there is an inconsistency in Justice Marshall's opinion with respect to what the Constitution specifically provides. What is that inconsistency?

On the one hand, Marshall declared the Judiciary Act unconstitutional because the power for Congress to pass such an act was not mentioned in the Constitution. Yet at the same time, he believed the Supreme Court had the power to declare a law unconstitutional, even though this power was not specifically mentioned in the Constitution.

Why is the Marbury case important in the history of the Supreme Court?

The case established the right of the Supreme Court to rule on the constitutionality of laws.