JBR - The Judicial Branch Lesson

 

The Judicial Branch Lesson

Article III of the U.S. Constitution creates one court, the Supreme Court, and allows judges to serve for life and to receive compensation. Article III also outlines original and appellate jurisdiction and outlines the trial procedure for the limitations of congressional power against those accused of treason.  

The framers of the Constitution were, in fact, more interested in the legislative branch of government than the judicial branch when they wrote the Constitution.  However, John Marshall changed everything by interpreting an implied power of judicial review under Article III. Judicial review, or the power of the courts to overturn a law, eventually created the most powerful judicial branch in the world.  

Maybury vs. Madison (1803)

The power of judicial review can be traced back to the famous Supreme Court case of 1803, Marbury v. Madison. The election of 1800 was won by the opposing political party for the first time. A Democratic-Republican by the name of Thomas Jefferson was elected to office as the new President of the United States. President John Adams feared that the new President would undo many of the new policies put in place by his administration. As a result, John Adams sought to pack the courts with "Federalist" judges. When John Adams left office, several of his administrative orders were left on the Secretary of State's desk waiting to be delivered.

 The new Secretary of State, James Madison, was wise to John Adam's plan. As a result, he refused to carry out the commissions. William Marbury, a Federalist whose commission was not delivered, sued Madison and demanded that the Supreme Court force Madison to act on his orders. Marbury's demand was based on the writ of mandamus, a power given to the Supreme Court by the Judiciary Act of 1789. The Judiciary Act of 1789 commanded the actions of officials of the executive branch of government.

Chief Justice Marshall faced a huge dilemma. Marshall declared the writ of mandamus unconstitutional. He declared that because Article II did not grant the judicial branch the power of writ of mandamus, then Madison was unable to carry out his orders.  

The implications of Marbury v. Madison established the power of judicial review. This established the precedent that only the federal courts could interpret the Constitution. This power has given federal judges the final word in settling cases that have challenged the government in American history.

Today, the judicial branch of government not only provides strong checks and balances, but also possesses an enormous amount of policy-making power. This power rests more on the precedent of judicial review set by Marshall in 1803 than on the provisions enumerated in the U.S. Constitution.

 

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