The United States Supreme Court Article 3 of the US Constitution - PowerPoint PPT Presentation

About This Presentation
Title:

The United States Supreme Court Article 3 of the US Constitution

Description:

Marbury v. Madison (1803) John Adams Midnight Appointments Marbury believed that CJ Marshall would grant him the judgeship because they were both federalists. – PowerPoint PPT presentation

Number of Views:259
Avg rating:3.0/5.0
Slides: 14
Provided by: Sacc151
Category:

less

Transcript and Presenter's Notes

Title: The United States Supreme Court Article 3 of the US Constitution


1
The United States Supreme CourtArticle 3 of the
US Constitution
How did the Supreme Court under Chief Justice
John Marshalls leadership change American
Government?
The U.S.S.C. interprets the Constitution and the
Law
2
Landmark Supreme Court Decisions during the
Marshall Years.
  • Three key court cases include
  • Marbury v. Madison
  • McCulloch v. Maryland
  • Gibbons v. Ogden

3
John Marshall set important precedents
  • Precedent
  •  An act or instance that may be used as an
    example in dealing with subsequent similar
    instances.
  • A judicial decision that may be used as a
    standard in subsequent similar cases a landmark
    decision that set a legal precedent

4
The United States Supreme Court under John
Marshall(Marshall served as Chief Justice from
1801 to 1835)
-A Federal Judges term of office is
Retire/Expire -The Framers of the Constitution
wanted to insulate Judges from politics in order
to make sure that Judges would focus on the law
and not popular appeal.
What is the term of office for a Federal Judge
(Article 3), and why is it different than the
tenure of office for the other two branches of
government?
5
Marbury v. Madison (1803)
  • John Adams Midnight Appointments
  • Adams, as a lame duck president, appointed
    several new judges on the eve of Jeffersons
    inauguration
  • The most famous appointment was John Marshall to
    Chief Justice.
  • William Marbury was appointed to a lower federal
    court.
  • Marburys appointment was not delivered before
    the change of presidential administration.
  • The new Jefferson administration refused to honor
    the appointment.
  • Marbury appealed to the S.C. to secure his
    judgeship.

6
Marbury v. Madison (1803)
  • John Adams Midnight Appointments
  • Marbury believed that CJ Marshall would grant him
    the judgeship because they were both federalists.
  • Jefferson refused to grant the judgeship
    regardless of what the SC said.
  • Fearing a constitutional crisis, Marshall
    sacrificed Marbury and carved out a new power for
    the Supreme Court.
  • Marshall the SC declared the portion of the law
    that granted Marbury his judgeship
    UNCONSTITIONAL, Marbury was denied his judgeship,
    but the SC gained the power of JUDICIAL REVIEW

7
Marbury v Madison Judicial Review gives the
S.C. the Power to declare an act of Congress
or the President Unconstitutional
It is emphatically the province and duty of the
judicial department to say what the law isThus
the particular phraseology of the Constitution of
the United States confirms and strengthens the
principle, supposed to be essential to all
written constitutions, that a law repugnant to
the Constitution is void John Marshall, Marbury
v. Madison
8
McCulloch v Maryland
"The POWER to tax is the POWER to destroy" John
Marshall
  • The state of Maryland attempted to tax a federal
    bank.
  • At issue in this case was the supremacy of the
    federal government v States Rights.
  • The Court nullified Marylands state law
    established the supremacy of the federal
    government.
  • It also cemented the idea of implied powers of
    the Constitution.

9
  • Implied powers--unwritten powers designated to
    Congress in order that Congress may implement
    their delegated/express/enumerated powers

10
Gibbons v Ogden
  • At issue in this case was whether or not the
    State of New York had the legal authority to
    grant one steamship company a contract on an
    interstate waterway.
  • The Court clarified Federal authority over
    interstate commerce when it nullified New York
    States law.
  • Federal law is Supreme over State Law.

11
Conclusion
  • How did the Supreme Court under Chief Justice
    John Marshalls leadership change American
    Government?
  • The Marshall court established the power of
    Judicial Review (Unwritten Constitution)
  • Strengthened the Supreme Court (Checks
    balances-Declaring laws unconstitutional)
  • Strengthened the power of the Federal Government
    over the States (Federal Supremacy)

12
Conclusion
  • The Marshall Court had a great impact on American
    society. Under Marshall the Supreme Court
    strengthened the authority of the Federal
    Government as well as the power of the Supreme
    Court.

13
(No Transcript)
Write a Comment
User Comments (0)
About PowerShow.com