The Courts
USH-1.7
I. Setting up the courts
A. The Constitution says we
will have a court system
1. First Congress passed the
Judiciary Act of 1789
a)
Rules on how to set up our
court system
B. President John Adams
appointed John Marshall
to the Supreme Court
1. Both were Federalists
2. He served for 30 years b/c
judges serve for life with
“good behavior”
II. Judicial Review
A. The courts right to
determine whether or not
an act of Congress is
constitutional or not
1. The main check and
balance of the Court
2. The Marshall Court was the
first to use it
CFU
Q What does the Constitution
say about our courts?
Q What did the Judiciary Act
of 1789 do?
Q Marshall could’ve served on
the Supreme Court for…
Q What is the definition of
judicial review?
Q Judicial review is an
example of what?
A That we are supposed to
have some
A It created the rules for the
nation’s courts
A life as long as he had “good
behavior.”
A Court determines
constitutionality
A Checks and balances
III. Marbury v Madison (1803)
A. Federalist William Marbury
was appointed and
confirmed as a judge
1.
2.
3.
4.
A “midnight” judge b/c it was
at the last minute of Adams’
presidency
His commission had not been
delivered before the DemReps took office
New Secretary of State
Madison refused to deliver
Marbury appealed to the
Supreme Court for a writ to
require Madison to deliver
a)
A writ is an order from the
courts
III. Marbury v Madison (1803)
B. Marshall knew that if he
issued the writ, Madison
would ignore it
1. The Court would look
powerless
2. The Constitution doesn’t
state the Court can or
cannot issue the writ
3. The case could only be
heard on appeal
III. Marbury v Madison (1803)
C. Marshall ruled that
Marbury deserved
the commission but
the Court would
not force Congress
to deliver it
1. Did not allow the
Dem-Reps to
undermine the
Court full of
Federalists by
ignoring them
CFU
Q Who was Marbury?
Q Why did he not receive his
commission?
Q What did Marbury do
when he didn’t receive it?
Q What was Marshall afraid
would happen?
Q What was the final
decision?
A Judge appointed by Adams
A James Madison refused to
deliver it
A Asked the Court to require
its delivery
A Madison would ignore him
& make the Court look bad
A Madison should deliver the
commission but it was not
the Court’s job to make
him
IV. Resolutions
A. Jefferson and Madison
wrote the Virginia and
Kentucky Resolutions
1. They were written to fight
the Alien and Sedition Acts
2. Both said the states had
the right to determine
constitutionality, not the
Court
a)
States could nullify a
“harmful” law
3. Marshall made sure the
Court was important
Assignment
• You are a lawyer for either Marbury or Madison
• You are going to write a closing argument to be read
to the Supreme Court as one final push for them to
decide that you deserve to win this case
– Your argument needs to be at least two minutes long
– Your argument must explain why you are right and the
other side in wrong
Assignment
Assignment
• You are a lawyer for either Marbury or Madison
• You are going to write a closing argument to be read
to the Supreme Court as one final push for them to
decide that you deserve to win this case
– Your argument needs to be at least two minutes long
– Your argument must explain why you are right and the
other side in wrong
• Due date depends on you