Jackson Bauer, Minh Tran, Yeji Lee, Ha Yoon Lee, Ashlyn Lee (#4)
31 October 2012
What are the provisions of Article III and IV of the Constitution?
Judicial Power
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Judiciary: The branch of government that is endowed with the authority to interpret and apply the law,
adjudicate legal disputes, and administer justice.
Comprises a system of state and federal courts, tribunals, and administrative bodies, as well as the judges
and other judicial officials who preside over them.
Judicial Review is associated with the concept of judicial power
○ The power of a court to review the constitutionality of a statute or treaty, or to review an
administrative regulation for consistency with either a statute, a treaty, or the Constitution itself.
○ Not stated in the constitution, but Judicial Review has been inferred from the structure and history
of constitution.
Jurisdiction (appellate and original) of the Supreme Court
● Original Jurisdiction - Types of cases that originate in the Supreme Court instead of starting in a
lower court
○ State is party
○ Involving a foreign ambassador or minister (usually do not occur in modern times)
● Appellate Jurisdiction
○ Case on appeal from lower federal courts (the Supreme Court is the highest federal court)
○ Case from highest state court involving a federal issue
■ Limits cases that come before the Supreme Court to only cases that have
exhausted appeals in state courts and deal with a federal issue
■ Supreme Court usually finds a basis for reviewing a case if it seems important
enough
Appointments
● Justices serve lifetime appointments
● President is given authority to fill a vacancy (Article II)
● Nomination is referred to the Senate Judiciary Committee; committee holds a hearing where the
nominee provides testimony and answers questions asked of them by the Senators; committee
refers nominee to the whole Senate for approval
● Total of 112 justices have served in 211 years
Judicial Review (Marbury v. Madison)
● judicial review- the authority of a court to declare legislative and executive acts unconstitutional
and therefore invalid
● Marbury v. Madison (1803): President Adams (federalist)appointed several judges, known as
midnight judges, (including chief Justice Marshall) shortly before leaving office. When Jefferson
(democratic-republican) took office, he ordered Secretary of State James Madison to not deliver
the appointments
● William Marbury and others asked the court for a writ of mandamus (a court-issued order
commanding an official to carry out a specific act of duty)
● Marshall ruled that court lacked the authority to compel the commission’s delivery, even though
the Judiciary Act allowed the court to hear the case
● Basically Marshall refused to hear the case for fear of being impeached by the democraticrepublicans; backed away from a fight the court could not win
● Marshall claimed court had the authority to review laws which increased judicial authority
All info from the textbook
Jackson Bauer, Minh Tran, Yeji Lee, Ha Yoon Lee, Ashlyn Lee (#4)
31 October 2012
Judiciary Act of 1789 : Sept. 24, 1789
● First United States Congress
● “An Act to Establish the Judicial Courts of the United States.”
● Established a Supreme Court but Congress was allowed to create lower federal courts
○ Include a chief justice and five associate justices, four of whom will be a quorum
● Established the structure and jurisdiction of the federal court system and created the position of
attorney general.
(The Library of Congress, Primary Documents in American History : Judiciary Act of 1789 , March 7, 2011)
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Established and Divide the U.S into thirteen districts (each with a District Court, and 1 judge)
Divide Districts into 3 circuits, except for Maine and Kentucky
(The Judiciary Act of 1789, September 24, 1789. 1 Stat. 73 : Constitution Society, 1995-2011)
Full Faith and Credit Clause
● "...shall be given in each State to the public Acts, Records, and judicial Proceedings of every
other State."
○ Little impact on a court’s choice of law decision
● Mills v. Duryee (1813): Merits of a case, as settled by courts of one state, must be recognized by
courts of other states (state courts may not reopen cases decided by courts of another state →
judgment of one state court must be recognized by other states’ courts as final)
○ McElmoyle v. Cohen (1839): one party obtained a judgment in SC and sought to enforce
it in GA which had a statute of limitations that barred actions
Privileges and Immunities Clause [Yeji]
● “The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the
several States.”
● Interstate protection of “privileges and immunities” -- AMBIGUITY
○ Congress treat all citizens equally?????? vs. Citizens of states carry the rights accorded
by their home states while traveling to other states????????
○ SCOTUS: State may not discriminate against citizens of other states
■ Corfield v. Coryell (1823): Federal circuit court -- privileges and immunities in
respect of which discrimination is barred
● Sustained a NJ law giving state residents the exclusive right to gather
clams and oysters