1. Structure of the Federal Court System * Core Court Structure

2. Party and Presidential Court Appointments *

3. Impact of Justices’ Beliefs *

4. Partisanship and Court Appointments *

5. Marbury v. Madison: The Players The Election of 1800 Adams, Federalist incumbentJefferson, Democratic challenger Result: Federalists lose the presidency and lose their majorities in both the Senate and the House of Representatives. --The Federalists are wiped out. What is the Federalists’ last resort?

6. Marbury v. Madison After the election... Adams, outgoing presidentJefferson, president-elect Judicial Branch Marshall, Federalist Sec. of State Marbury, Federalist Judicial Official Marshall, New Chief Justice of the Supreme Court Marshall, Unofficial “presidential helper” …but BEFORE Jefferson and the Democrats take control (November, 1800 to March, 1801).

7. Marbury v. Madison Jefferson is sworn in... Adams, outgoing presidentJefferson, President Judicial Branch Madison, Democratic Sec. of State Marbury, Federalist Judicial Official Marshall, New Chief Justice of the Supreme Court Marshall, Unofficial “presidential helper” “We’re outta here...” Where’s my bloody appointment?? Oops. Secretary of State is to deliver commissions Sorry, your commission has been cancelled...

8. Marbury v. Madison Jefferson is sworn in... Jefferson, President Judicial Branch Madison, Democratic Sec. of State Marbury, Federalist Judicial Official Marshall, New Chief Justice of the Supreme Court Marbury sues Madison, asking the Supreme Court to issue a “writ of mandamus.” Congress had given the Court the authority to issue these writs under the Judiciary Act of 1789. Help me, Marshall old buddy! Uhhh... If you help your Federalist crony, you’ll be sorry.

9. Marshall’s options Rule on the behalf of Marbury: order Madison to deliver the appointment. RESULT: Madison would ignore the order, and the Court would be forever weakened Rule on the behalf of Madison: deny Marbury the appointment, even in the face of the Judiciary Act of 1789 RESULT: The Court would obviously be “knuckling under” to the the Executive Branch—forever weakening the Court.

10. Marshall’s Decision Although Marbury is right on the merits of the case (under the law, he does have a right to the appointment), the Court cannot rule on the case because the Judiciary Act of 1789 is UNCONSTITUTIONAL. –Congress could not pass a law that gave the Supreme Court MORE POWER (like issuing “writs of mandamus”) than the Constitution gives the Court. Therefore, the Judiciary Act of 1789 is not valid. Marbury v. Madison gave the Court the power of judicial review. The Court claimed this power for itself—it is not granted anywhere in the Constitution. Return

11. State and Federal Laws Struck Down by the Court: 1790 - 2000 Return Return

12. Granting the Courts Powers... Article. III, Section. 1. “The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.” Return

13. Federal Circuit Courts Return

14. The Court Assisting “the Trustbuster” Return

15. FDR and “Packing the Court” Return

16. Cases that can go directly to the Supreme Court Article III, Section 2, Clause 2: In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. Return

17. State Courts the Federal Court System *

18. Clarence Gideon’s hand-written petition for a writ of certiorari Return