Structure of the Federal Court System

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Structure of the Federal Court System

Core Court Structure
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Party and Presidential Court Appointments


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Impact of Justices Beliefs

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Partisanship and Court Appointments

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Marbury v. Madison The Players
The Election of 1800
Adams, Federalist incumbent
Jefferson, 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?

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Marbury v. Madison
After the election. . .
Judicial Branch
Adams, outgoing president
Jefferson, president-elect
Marshall, New Chief Justice ofthe Supreme Court
Marshall, Federalist Sec. of State
Marshall, Unofficial presidential helper
but BEFORE Jefferson and the Democrats take
control (November, 1800 to March, 1801).
Marbury, Federalist Judicial Official
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Marbury v. Madison
Jefferson is sworn in. . .
Judicial Branch
Oops.
Adams, outgoing president
Jefferson, President
Marshall, New Chief Justice ofthe Supreme Court
Sorry, your commission has been cancelled. . .
Were outta here. . .
Secretary of State is to deliver commissions
Marshall, Unofficial presidential helper
Madison, Democratic Sec. of State
Wheres my bloody appointment??
Marbury, Federalist Judicial Official
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Marbury v. Madison
Jefferson is sworn in. . .
Judicial Branch
Uhhh. . .
If you help your Federalist crony, youll be
sorry.
Jefferson, President
Marshall, New Chief Justice ofthe Supreme Court
Help me, Marshall old buddy!
Madison, Democratic Sec. of State
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.
Marbury, Federalist Judicial Official
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Marshalls 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 Branchforever
  weakening the Court.

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Marshalls 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 itselfit is not
  granted anywhere in the Constitution.

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

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Federal Circuit Courts
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The Court Assisting the Trustbuster
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FDR and Packing the Court
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Cases that can go directly to the Supreme Court
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• 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.

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State Courts the Federal Court System

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Clarence Gideons hand-writtenpetition for a
writ of certiorari Return