TOPIC 2 8 THE JUDICIAL BRANCH Unit 2

TOPIC 2. 8 THE JUDICIAL BRANCH Unit 2: Interactions Among Branches of Government

ARTICLE III OF THE CONSTITUTION • The basis for Judicial Power • Section 1: The power to interpret the law will be held by U. S. Supreme Court • Constitution created only the Supreme Court, but allowed Congress to create inferior (lower) courts. • Section 2: Jurisdiction of federal courts • does not expressly grant the power of judicial review, but the courts have exercised this power since the 1803 case of Marbury v. Madison. • Sections 3: Deals with treason.

INTRODUCTION • Federal judiciary - branch of the federal government whose role is to interpret and apply the laws of the nation • An independent judiciary is essential for preserving liberty and upholding the checks and balances of the Constitution • Highest court is the Supreme Court of the United States (SCOTUS) • Judges are not elected at the federal level • Appointed by POTUS, Confirmed by Senate • Life tenure—death, retirement (impeachment) • Judicial independence = justices being impartial and untied to any one person or interest; not tools of the state or citizens, but interpreters and appliers of law • Has become more powerful over time

FEDERALIST NO. 78 • Opponents of the Constitution raised concerns about potential abuses of courts • As federal power grew, individual rights and state power would diminish • Federalist 78, by Alexander Hamilton, sought to reassure skeptics • Argued for an independent judiciary, life tenure for judges, and for the power of judicial review

MARBURY V. MADISON (1803) • Established judicial review • Greatly strengthened the judiciary • Starts with the Election of 1800: John Adams, Federalist, v. his VP Thomas Jefferson, Democratic-Republican • Thomas Jefferson wins • Judiciary Act of 1801 expanded the number of federal judges • Adams made “midnight appointments” to federal posts to preserve influence of party • Some appointments did not get delivered, including William Marbury • Marbury and three others brought suit against James Madison, now Secretary of State

MARBURY V. MADISON (1803) Questions of the case: 1) Are the men entitled to their commissions? 2) Can the courts be forced by Marbury to deliver commissions? 3) Were Marbury and the other plaintiffs entitled to the remedy that they sought – the writ of mandamus? • Improperly given to the courts by Congress in the Judiciary Act of 1789 • Congress changed the power of the SCOTUS – not a power of Congress, therefore Congress did something unconstitutional

MARBURY V. MADISON (1803) Result • Ruled part of the Judiciary Act of 1789 invalid and established judicial review: the authority of the court to strike down a law or executive action if it conflicts with the Constitution • The Supreme Court can declare federal laws, executive actions/orders, administrative laws, and state laws unconstitutional • Implications: • Marshall expanded the power of the court to interpret the Constitution • Cemented as a coequal branch with ability to exercise judicial review • Did not invent judicial review, just applied it with decision • Under Marshall, the court used judicial review to overturn several state laws