The Judicial Branch and Marbury v Madison
It is the shortest part of the Constitution. Our founding fathers did
not expect the judiciary to play a large role.
2. The structure of the Judiciary was largely left up to Congress.
Congress passed the Judiciary Act of 1789 and the Judiciary Act of
1803 to set up the branch as we know it today. They created a three
level (tiered) system and laid down certain rules concerning
operation of the courts.
3. The Supreme Court was given certain powers in the Constitution
to rule on cases directly. This is called original
jurisdiction. They have original jurisdiction on cases
involving the President and other issues outlined in article three of
the Constitution. You might want to look at the Constitution (article
III) to see some of the others. Mostly however the Supreme Court is
only an appeals court. This means that they only hear cases after the
they have been heard by lower courts. In this sense the Supreme Court
has what is known as appellate
jurisdiction.
4. Federal Judges get “lifetime tenure.” This means that they hold
their terms for life. Judges can be impeached by Congress for
misconduct or for “high crimes and misdemeanors.” Remember, this only
applies for federal judges. Why would we want judges to have lifetime
tenure? Answer: It allows them to be free of political or job
considerations when making decisions.
5. The Judicial Branch the way we know it was set up by
Congressional action. The Judiciary Act of 1789 set up a three tiered
court system.
The following outline shows the structure of the court.
nation. 2. They interpret the Constitution. No one can override their decision except another, later, court decision. 3. The court can rule on some cases directly – this is called original jurisdiction. 4. The court mostly functions as an appeals court – appellate jurisdiction. 5. They can overturn a lower court (circuit court) ruling. 6. They only take cases they want to take. Out of three thousand cases they are asked to hear each year, they only hear a couple of hundred. 7. If they refuse to hear a case, the lower court ruling stands |
Court. This is called appellate jurisdiction. 2. The nation is divided into geographic areas called circuits. There are 12 circuits. 3. There are three judges on a circuit court. They make rulings together as a 3 judge panel. |
population centers. (West Islip and Brooklyn). 2. They hear trials. These are jury trials. 3. Since cases begin here they have what is called “original jurisdiction.” |
The chart below shows the levels of the courts as well as some of
other federal courts that are part of the Judicial Branch.
COURTS
both States and the Federal Government have been given the power to
establish courts and punish lawbreakers. Because this is the case
states have also established courts. State courts deal with most
crimes. Federal courts deal with crimes occurring on federal
property, violation of federal crimes and alleged violations of the
Constitution.
MADISON
Adams, a Federalist, appoints 82 Federalist justices. These “midnight
judges,” as they were called, represented a threat to incoming
President Thomas Jefferson, a Democrat-Republican. Jefferson feared
Federalist interpretation of the law for the next 20 years, a fear
that ended up coming to fruition. Among these midnight judges was one
William Marbury. Jefferson ordered his Secretary of State, John
Madison, not to deliver the official documents granting Marbury his
position. Based upon the Judiciary Act of 1801 Marbury appealed
directly to the Supreme Court asking for a “writ of mandamus” or an
order to act.
Chief Justice John Marshall recognized he would be correct in
ordering Madison to deliver the papers but feared weakening the image
of the Court if President Jefferson refused to comply. Instead
Marshall ruled that the Judiciary Act of1789, which Marbury had used
to submit his claim directly to the Court was unconstitutional, and
it was. In this way the Court was able to rule a law unconstitutional
and thus created the important precedent of judicial review.
**The important thing to remember is that this is the first time
the Court rules that a law is unconstitutional. This creates the
power of judicial review. You must know
what judicial review is and you must associate it with the Marbury
Case. This is always a Regents question.
The court, in ruling this way, sets what is known as a
precedent. The power of judicial
review is not in the constitution. It is precedent. It is done
because it was done before. This is the power of the Court. They set
precedent. The lower court must rule based upon the supreme court
ruling or they will just be overturned on appeal. The only was to
overturn a supreme court decision is by passing an amendment to the
Constitution or by having the Court overturn its own precedent with a
later case. Something that is sometime done.
By using the power of judicial review and setting precedents the
Supreme Court actually can “make law.” Take the case of Roe v Wade as
an example. When the Court ruled in Roe that laws prohibiting
abortion in Texas were unconstitutional they, in effect, struck down
ALL LAWS in the WHOLE NATION that prohibited abortion.
Frequently Asked Questions
1. What is the Judicial Branch and how is it established in the United States Constitution?
The Judicial Branch of the United States government is established by Article Three of the Constitution, which sets out the foundational framework for the judiciary. Despite its critical role today, Article Three is actually the shortest part of the Constitution. This brevity reflects the original expectations of the founding fathers, who did not foresee the judiciary playing a significant role in governance. The specifics of the Judiciary’s structure were largely open to determination by Congress, leading to the development of the system through legislative action.
In 1789, Congress passed the Judiciary Act, which laid the groundwork for the present-day judicial system by establishing the structure and jurisdiction of the federal courts. This act created a three-tiered court system consisting of the district courts, circuit courts, and the Supreme Court, which together form the backbone of the U.S. Judicial Branch. The Judiciary Act of 1803 further refined this structure. Through these acts, the courts were given certain powers and guidelines to follow, shaping how they would operate within the federal government. This tiered structure remains a critical element of the judiciary, ensuring a systematic and hierarchical approach to federal jurisprudence.
2. What was the significance of Marbury v. Madison in the context of the Judicial Branch?
The landmark case of Marbury v. Madison in 1803 holds tremendous significance as it established the principle of judicial review in the United States, reinforcing the role of the Judicial Branch. This case arose when William Marbury petitioned the Supreme Court to compel the delivery of his commission as a justice of the peace, an order that had not been delivered by the newly appointed Secretary of State, James Madison.
The crux of the decision was delivered by Chief Justice John Marshall, who found that while Marbury had a right to the commission, the court did not have the power to issue it because the statute granting such power was unconstitutional. This ruling was groundbreaking as it was the first time the Supreme Court claimed the authority to invalidate a law by declaring it unconstitutional. This assertion of judicial review fundamentally shifted the balance of power, emboldening the judiciary as an equal partner in the federal government alongside the legislative and executive branches. Thus, Marbury v. Madison solidified the judiciary’s role in interpreting the Constitution and safeguarding against legislative and executive overreach.
3. What roles and responsibilities does the Judicial Branch have within the federal government?
The Judicial Branch is tasked with interpreting the laws and Constitution of the United States. Its primary responsibility is to adjudicate disputes and ensure justice under the law. This branch of government provides checks and balances to both the legislative and executive branches, acting as the guardian of the Constitution by reviewing and potentially invalidating laws and actions that are contrary to constitutional principles.
This involves hearing cases that arise under federal law, disputes between states, and cases involving citizens of different states. The courts also play a critical role in civil rights and liberties, interpreting laws concerning freedom of speech, religion, and other fundamental rights. Decisions at the district and circuit court levels can be appealed to the Supreme Court, which has the discretion to choose the cases it hears, often focusing on issues of national significance or resolving conflicting decisions across lower courts. Through this process, the Judicial Branch not only ensures that federal laws are applied correctly but also interprets constitutional protections, often leading to significant societal and legal shifts.
4. How does the structure of the federal court system create a hierarchy of judicial authority and decision-making?
The federal court system is structured as a three-tiered hierarchy, which ensures an organized and systematic approach to judicial decision-making. At the base of this structure are the District Courts, which are trial courts where federal cases begin. These courts handle a wide range of cases, from criminal prosecutions initiated by the government to civil suits brought by individuals or corporations.
Above the district courts are the Circuit Courts, also known as the Courts of Appeals. These courts do not conduct trials but rather review decisions made by district courts within their circuits, ensuring legal errors in the application of the law are addressed. This tier serves as an intermediary appellate level, filtering cases that may eventually reach the highest court in the land.
At the top of the federal court hierarchy is the Supreme Court. As the final arbiter of the law, it has the authority to interpret the Constitution and set legal precedents that all other courts must follow. The Supreme Court exercises discretionary jurisdiction, choosing the most significant cases to decide, often those involving constitutional interpretation or conflicting decisions in lower courts. This tiered system prioritizes judicial prudence and consistency, allowing for thorough legal examination and offering litigants multiple layers of appeal to ensure fairness and justice.
5. How has the role of the Judicial Branch evolved since its inception?
Since its establishment, the role of the Judicial Branch has significantly evolved, transitioning from a relatively passive role to one of active interpretation and enforcement of constitutional principles. Initially, the founding fathers did not foresee the judiciary becoming a dominant force within federal governance. However, key developments, such as the Marbury v. Madison decision, have expanded its influence and affirmed its essential role in maintaining the balance of power among the branches of government.
Over the years, the Judicial Branch has played a transformative role in American society, particularly in areas involving civil rights, individual liberties, and social justice. Landmark cases such as Brown v. Board of Education, Roe v. Wade, and Obergefell v. Hodges illustrate the judiciary’s role in shaping societal norms and protecting minority rights against majoritarian impulses. The courts have interpreted the Constitution to reflect contemporary values and address complex legal and ethical issues, continually adapting their interpretations to ensure governance aligns with evolving societal standards.
As an institution, the judiciary has become a pivotal mechanism through which contentious issues are resolved, demanding judicial restraint and activism when appropriate. This evolving role underscores not only the judiciary’s importance in upholding democratic principles and the rule of law but also its enduring impact on the legal and cultural landscape of the United States.