Foundations of Judicial Power & Marbury v. Madison
Foundational
Explores Article III of the Constitution, the establishment of the federal judiciary, and the pivotal case of Marbury v. Madison which established the principle of judicial review.
Foundations of Judicial Power & Marbury v. Madison
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What does Article III of the U.S. Constitution establish?
Article III establishes the judicial branch, creates the Supreme Court, and gives Congress the power to create lower federal courts. It also defines federal court jurisdiction and treason.
What is the primary power established in the landmark case *Marbury v. Madison* (1803)?
Judicial Review: The power of the federal courts to declare legislative and executive acts unconstitutional and therefore void. This gives the judiciary a crucial check on the other two branches.
What was the central conflict that led to *Marbury v. Madison*?
William Marbury was appointed a justice of the peace, but his commission was not delivered by the new Secretary of State, James Madison. Marbury sued, asking the Supreme Court to issue a writ of mandamus to force the delivery.
How did Chief Justice John Marshall's ruling in *Marbury v. Madison* cleverly establish judicial review?
Marshall ruled that while Marbury was entitled to his commission, the part of the Judiciary Act of \(1789\) that granted the Supreme Court this power was unconstitutional. By denying a minor power, he asserted the much greater power of judicial review over Congress.
What argument did Alexander Hamilton make in Federalist No. 78 regarding the judiciary's power?
Hamilton argued the judiciary is the "least dangerous" branch because it has "no influence over either the sword or the purse." He reasoned its power rests in judgment, not force, making it essential to have an independent judiciary to guard the Constitution.
According to Federalist No. 78, what is the fundamental duty of an independent judiciary?
To interpret laws and prevent the legislative branch from exceeding its constitutional authority. This essay provides the theoretical foundation for the power of judicial review.
What is the term of office for a federal judge or Supreme Court justice, as defined by Article III?
They hold their offices "during good Behaviour," which is understood to mean a lifetime appointment. This is intended to insulate them from political pressures and public opinion.
