poli sci week 3

Mandamus

"we command"

What are the 4 general reasons the text identifies that can explain the development of judicial review in the U.S. system, despite the fact this power isn't explicitly granted in the Constitution?

1. The framers' intentions 2. Historical Acceptance 3. Counterweight to majority rule 4. The continual quest for neutral "first principles" by which to resolve controversies and to effect widespread public compliance

What are the three pieces of "founding era" evidence provided to support the notion that the Constitution presumes the concept of judicial review?

A. Marbury v Madison: 1. Constitution limits legislative power 2. The unique function of courts: interpret the law 3. Constitution compels the practice of judiciary review B. Supremacy Clause: State judges need not enforce legal laws C. Judiciary Act of 1789: Supreme Court reviews state court decisions when the constitutionality of a federal law was challenged

The text says Marbury v. Madison is significant for three reasons. What are these reasons? (see Brief 4.3; this brief also explains succinctly the legal issues in Marbury v. Madison)

A. The first time the court overturned an act of Congress on the principle that laws not conforming to the Constitution are null and void...Supreme Court review Legislation B. Original jurisdiction of the Supreme Court, is established on constitutional rather than mere legislative grounds C. Effective instrument to monitor state legislation and actions

Which of the following is something accomplished by the Judiciary Act of 1789? a. establishes federal district and circuit courts b. gives the U.S. Supreme court appellate jurisdiction over state court decisions that conflict with federal laws or treaties. c. sets the number of Supreme Court Justices at 6 (one Chief and 5 Associates) d. all of these things

ALL

Judiciary Act of 1801

Adams appointed 16 federal judges and 42 justices of peace

Why doesn't the SCOTUS (Supreme Court of the United States) have the power to issue the writ of mandamus, according to Marshall? (know the specific constitutional principle it violates but also be familiar with Marshall's broad logic about judicial review - we'll discuss this in class, too)

No court had the power...expos facto

Why is the case Chisholm v. Georgia significant? How was the Constitution changed in response to this case?

The constitution allowed a citizen of one state to sue another state in federal court Ratification of the 11th Amendment: Citizens of one state may not sue another state against its will

"Auxiliary precautions" (from Federalist 51)

The government needs to depend on the the people, but as the Articles taught there are steps that need to be taken by the central government to still protect the people and the itself

What did the Federalists hope to accomplish with the Judiciary Act of 1801? (see Brief 4.3)

The law created several new judicial posts, to which Adams and the Federalist dominated Congress were expected to appoint loyal supporters of the party.

Judicial review

The right of federal courts to declare laws of Congress and acts of the executive branch void and unenforceable if they are judged to be in conflict with the Constitution.

Judiciary Act of 1789

This Act created the federal judicial system. Establishing the Supreme Court and the Federal District Courts

what is Writ of certiorari?

a formal document that calls up a case, which deals with a Constitutional question or in which state laws are claimed to violate federal law.

what does concurring opinion mean?

an opinion that supports the majority decision, but also stresses a different constitutional or legal basis for the judgment.

what does dissenting opinion mean?

an opposing opinion to all or part of the majority's decision.

what is the Rule of Four?

an unwritten rule that requires at least four justices to agree that a case warrants consideration before it is reviewed by the Supreme Court.

Which of the following is NOT a piece of "founding era" evidence supporting the principle of judicial review? a. Federalist #78 b. Supremacy Clause, Article VI c. Judiciary Act of 1789 d. Articles of Confederation

articles of confederation

Marbury v. Madison

established judicial review

What 3 questions does Marshall ask that provide the structure for his decision?

i. Has the applicant a right to the commission he demands? ii. If he has a right, and that right has been violated, do the laws of his country afford him a remedy? iii. If they do afford him a remedy, is it a mandamus issuing from this court?

What are his answers to q's 1 & 2 - whether Marbury has a right to the commission and whether the laws provide a remedy?

i. Yes, because the president commission him, and the senate confirmed the commission. Anything written is a pure formality, and because the commission and confirmation occurred, Marbury is entitled. ii. Yes, because if you have a right to something, it should be protected. If it's not protected, then the rule of law is violated, and if no remedy is provided, then we do not have a limited government

Marshall divides up question 3 into two sub-questions, what are they?

iii A. Is the remedy a writ of mandamus? iii B. If so, does the writ come from the Supreme Court?

What are Marshall's answers to questions 3A & 3B?

iii A. Yes. iii B. No- according to the Judiciary Act of 1789, writs of mandamus cannot be given by the Supreme Court in original jurisdiction

what does majority opinion mean

judicial opinion agreed to by more than half of the members of a court

_________ is a court's power to declare a law conflicts with the Constitution. a. auxiliary precautions b. judicial review c. judicial veto d.writ of mandamus

judicial review

___________ is the authority of a court to hear and decide a case. a. standing to sue b. writ of certiorari c. jurisdiction d. judicial review

jurisdiction

what does standing to sue mean?

litigants must have serious interest (sustained direct and substantial injury) from a party in a case. The requirement that plaintiffs have a serious interest in a case, which depends on whether they have sustained or are likely to sustain a direct and substantial injury from a party or an action of government.

The Judiciary Act of 1801 created new judicial posts in an attempt to: a. maintain Federalist party power in the judicial branch. b. maintain Federalist Party power in the executive branch. c. maintain Federalist Party power in the legislative branch. d. give the federal government more power over state governments.

maintain Federalist party power in the judicial branch.

how do cases reach the US Supreme Court?

on appeal writ of certiorari selecting of cases solicitor general

______ is the authority to be the first court to hear and decide a case. a. Appellate jurisdiction b. Original jurisdiction c. Premiere jurisdiction d. Right of first reply

original jurisdiction

what is original jurisdiction?

refers to the court which hears a case for the first time,

Chisholm v. Georgia

the Constitution allowed a citizen of one state to sue another state in federal court...11th amendment said citizens of one state may not sue another state against its will

what is jurisdiction?

the official power to make legal decisions and judgments.

The Supreme Court's ruling in Chisholm v. Georgia: a. Was overturned by the 11th Amendment. b. Is a landmark case that establishes the principle of judicial review. c. Is still good law today. d. Was overturned by Marbury v. Madison

was overturned by the 11th amendment

Complete this quote: "It is emphatically the province and duty of the Judicial Department to say...

what the law is."

what is appellate jurisdiction?

when a higher court has the power to review a lower court's decision

The Supreme Court uses the _________ to communicate to lower courts when asking them to send up a record of a case that has been previously decided for further review. a. writ of habeas corpus b. writ of mandamus c. writ of certiorari d. writ in forma pauperis

writ of certiorari