Constitutional Law - Collins 2005 - A

Constitutional Law - Collins 2005 - A - Constitutional Law...

Info iconThis preview shows pages 1–3. Sign up to view the full content.

View Full Document Right Arrow Icon
Constitutional Law Outline The Supreme Court’s Authority o Justiciability: Judicial power limited to “cases and controversies” Court cannot give advisory opinions like state courts can o Judicial Review: Review of Acts of Congress Marbury v. Madison (1803) Holding: The Supreme Court has the authority to find an act of Congress unconstitutional and overturn it. Facts: Jefferson had just won the presidency and refused to honor some commissions of justices, including Marbury, made by former president Adams and approved by Congress. Madison was Secretary of State and was ordered by Jefferson not to deliver the commissions. Marbury sought a writ of mandamus from the Supreme Court ordering Madison to deliver the commission. Issues: o Did Marbury have a right to the commission? o If so, was there a remedy for Marbury? o Is a writ of mandamus constitutionally allowed? Justice Marshall’s opinion: o Marbury does have the right to the commission, but ultimately the court does not have jurisdiction to hear the case o Marbury has a remedy because he has a right o Supreme Court did not have jurisdiction to issue a writ of mandamus in an original action Marbury invokes the Section 13 of the Judiciary Act of 1789, which provides for a writ of mandamus Marbury filed the case as an original action in the Supreme Court, but original jurisdiction is reserved for diplomats and cases where a state is a party Marshall looks to Article III of the Constitution to determine whether it is constitutional to issue a writ of mandamus in an original action in the Supreme Court Surplusage argument – the words are there, so they must mean something, otherwise they are just surplusage Expressio unius exclusion alterius – by stating two things (the limits of original jurisdiction) in effect excludes all others by inference Original intent – what did the framers intend the Constitution to mean? Therefore, Section 13 was attempting to give the Supreme Court the authority to issue a writ of mandamus in an original action and Marshall says this is unconstitutional o Therefore, the Supreme Court has the power to overturn Congress Because we have a written Constitution, we can infer that Congress cannot just change it at will because the Constitution wouldn’t have any power o Article III Establishes the courts and defines judicial power of the United States 1
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
Creates the Supreme Court Distributes jurisdiction of Supreme Court between original and appellate jurisdiction o Original jurisdiction = ambassadors and states Appellate = everything else States that Congress can create the lower federal courts So these are created by statute, not by the Constitution Section 2[1]: defines what the federal courts can hear and do o Supremacy Clause: Review of state court decisions Issues arise because of our dual court system: state and federal Does a federal statute or treaty preempt state law? Martin v. Hunter’s Lessee
Background image of page 2
Image of page 3
This is the end of the preview. Sign up to access the rest of the document.

This note was uploaded on 02/12/2008 for the course LAW 6005 taught by Professor Collins during the Spring '06 term at Colorado.

Page1 / 35

Constitutional Law - Collins 2005 - A - Constitutional Law...

This preview shows document pages 1 - 3. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online