3-1-06 Hist105

3-1-06 Hist105 - What is the role of the Judiciary in the...

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What is the role of the Judiciary in the Constitution? o Article III – Disputes between states; all cases involving ambassadors; treaties; and “Laws of the United States” o Justices serve for life (why?) o Lower courts established as Congress deems appropriate What Constitution does not specify o Role of “Judicial Review” – does not state what we have come to know as the “main” role of the supreme court. Namely, that the supreme court has the right to declare an act of congress or state legislature unconstitutional. o The constitution did not make the Supreme court a complete and “equal” third branch of gov. John Marshall o Marshall, more than any other American, influences the role of supreme court in American society. o Establishes the principal of judicial review – the supreme court can determine if a law passed by congress, state, or local gov contravenes the constitution. o Makes the Judiciary, most notably the supreme court, the “third branch of gov” Federalist party lives in the judiciary o Demo-Repub (then democratic party) controlled the exec and legislative branches of gov during the early republic/ antebellum era. o John Adams (last Federalist president) in a series of “midnight appointments” put federalists judges in the judiciary. o Federalist justices dominate the judiciary until 1820’s. John Marshall’s term highly controversial (1801-1835) o “Sanctity” of contracts – even if unfavorable o Gov should not impinge on free enterprise o
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3-1-06 Hist105 - What is the role of the Judiciary in the...

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