1. Topic 2.8 The Judicial Branch
Unit 2: Interactions Among Branches of Government

2. 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.

3. Highest court is the Supreme Court of the United States (SCOTUS)
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

4. Federalist 78, by Alexander Hamilton, sought to reassure skeptics
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

5. 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

6. Are the men entitled to their commissions?
Marbury v. Madison (1803)
Questions of the case:
Are the men entitled to their commissions?
Can the courts be forced by Marbury to deliver commissions?
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

7. Marshall expanded the power of the court to interpret the Constitution
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