Court has the power to rule on the constitutionality of laws. Court has the ability to establish national policy through judicial review
Whenever the court makes a decision or ruling, it creates a PRECEDENT. The decision in question will act like a template for future decisions
Consider the Constitution a living and evolving document
Interpret the Constitution as the words are literally written
Conservative presidents appoint conservative judges and liberal presidents appoint liberal judges
A latin term meaning: “Let the decision stand”
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Using at least 5 sentences, answer the question How was the Supreme Court designed to make decisions? Your answer should include reference to at least two of the following:
The Supreme Court was designed to make decisions solely on the constitutionality of laws. This was solidified in Marbury v Madison, where it was ruled that the court couldn’t issue a Writ of Mandamus, as enumerated in the Judiciary Act of 1789, Article 13. They also deemed that Article 13 of the Judiciary Act of 1789 was null. This set the legal precedent that the Supreme Court was only was determining the constitutionality of laws and actions. Furthering this precedent and the main factor in the ruling for Marbury v Madison was their power of judicial review, as enumerated in Article III of the Constitution.
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Addams was attempting to pack the courts with Judges of his party, most got in but some didn’t in time. Jefferson stopped the would be judges appointments by ignoring them. Marbury (a would-be judge) sued for a Writ of Mandamus, a government order to do your job.
The supreme court cannot issue a Writ of Mandamus
The primary evidence was Article III which enumerates their powers.
Judiciary Act of 1789, which gave the judicial branch the power to issue Writs of Mandamus.
The Judicial Review is the SOLE power of the courts
Also the Judiciary Act of 1789’s 13 article (that gave the Writ of Mandamus) is null and void.
Section 1
The judicial Power of the United States, shall be granted to one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour…
Section 2
The judicial Power shall extend…
The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed…
Section 3
Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.
The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall [punish a convicted person’s family members], or [force a convicted person’s family members to give up their property]
True or False?: Article III of the Constitution establishes the Supreme Court as the only court.
True False
For how long do Supreme Court justices serve?
For life, so long as they are in good behavior
What types of cases fall under the jurisdiction of the Supreme Court?
To all cases that fall under the Constitutionality; things that affect ambassadors, public ministers, consuls; the ocean?; anything that the “US” as a whole is a party of ie, if you sued the US; to things that involve 2 states
What does Article III say about trials for crimes?
The trial will be by Jury and should be held in the State where the crime was commited
How does Article III define treason? Declaring war against the US, helping / allying with the enemy
What is needed to convict someone of treason in the US? Two people’s testimony of the event or a confession of the accused
What are the limits on the punishments that Congress can set for treason? It has to be limited the accused, no affecting their family.