Jonah Patel
The United States Supreme Court is the highest court in the country and is the court of last resort for those seeking justice. The Supreme Court's power of judicial review is its best-known power, and it plays an essential role in ensuring that each branch of government recognizes the limits of its power. While the power of judicial review is not explicitly mentioned in the Constitution, it was established in Marbury v. Madison (1803), where the Supreme Court held that any contradictory congressional Act is without force as the Constitution is the Supreme Law of the Land.
| Characteristics | Values |
|---|---|
| Case Name | Marbury v. Madison |
| Year | 1803 |
| Decision | Established the right of the courts to determine the constitutionality of the actions of the other two branches of government |
| Completed the system of checks and balances | |
| Established the doctrine of judicial review | |
| Interpreted § 13 of the Judiciary Act of 1789 to authorize the Court to issue writs of mandamus in suits in its original jurisdiction |
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What You'll Learn
Marbury v. Madison (1803)
The case involved a dispute between outgoing President John Adams and incoming President Thomas Jefferson. In March 1801, just two days before his term ended, Adams appointed several dozen Federalist Party supporters, including William Marbury, to new circuit judge and justice of the peace positions. The outgoing secretary of state, John Marshall, was unable to deliver all of the new judges' commissions before Adams left office. Jefferson believed these undelivered commissions were void and instructed his secretary of state, James Madison, not to deliver them.
In late 1801, after Madison had repeatedly refused to deliver his commission, Marbury sued Madison in the Supreme Court, seeking a writ of mandamus—a court order for a government official to fulfil their obligation under the law. While the petition was pending, Congress passed a law changing the timing of the Supreme Court's term, meaning the Court did not reopen until February 1803. When the Supreme Court finally heard the case, Madison declined to appear, believing the Court did not have the power to compel him to give Marbury his commission.
Chief Justice John Marshall, a prominent Federalist himself, sided with Madison and Jefferson. However, he took the opportunity to increase the power of the Supreme Court. Marshall framed the decision around three questions: firstly, did Marbury have a right to his commission? Secondly, if Marbury had a right to his commission, was there a legal remedy for him to obtain it? Thirdly, could the Supreme Court issue a writ of mandamus to Madison? Marshall answered "yes" to the first two questions, determining that Marbury had a right to the commission and that he could properly sue in court for a mandamus. However, Marshall determined that the Supreme Court did not have the right to issue a writ of mandamus, thereby avoiding a direct conflict with Jefferson.
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McCulloch decision
The case of McCulloch v. Maryland in 1819 is considered one of the first and most significant Supreme Court rulings on federal power. The case established the Supreme Court's authority to interpret the Constitution and determine the constitutionality of government actions.
The McCulloch decision centred on the conflict between the federal government's power to establish a national bank and a state's authority to tax that bank. The state of Maryland imposed a tax of $15,000 per year on the Baltimore branch of the Second National Bank of the United States, which cashier James McCulloch refused to pay. McCulloch argued that the establishment of a national bank was a "necessary and proper" exercise of Congress's powers under Article I, Section 8 of the Constitution, known as the "Necessary and Proper" Clause. Maryland, on the other hand, asserted its sovereignty as a state and its power to tax any business within its borders.
The Supreme Court, in a unanimous decision, sided with McCulloch and the federal government. Chief Justice Marshall's opinion held that the "Necessary and Proper" Clause granted Congress implied powers beyond those explicitly listed in the Constitution. The Court ruled that Congress had the authority to establish a national bank and that states could not interfere with the exercise of these implied powers. This decision affirmed the supremacy of the federal government within its sphere of action and set a precedent for the interpretation of constitutional powers.
The McCulloch v. Maryland case had a significant impact on the balance of power between the federal government and the states. It established the principle that the federal government derives its sovereignty from the people, rather than the states, and that its laws, when made in pursuance of the Constitution, are the supreme law of the land. This decision shaped the interpretation of federal power and the role of the Supreme Court in checking the powers of the other branches of government.
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Roe v. Wade
The case of Marbury v. Madison (1803) established the right of the courts to determine the constitutionality of the actions of the other two branches of government. This case completed the system of checks and balances, ensuring that the US government had a system in place to enact, interpret, and execute laws to meet challenging circumstances.
The three-judge panel unanimously ruled in McCorvey's favor, declaring the Texas law unconstitutional as it violated the right to privacy found in the Ninth Amendment. The Supreme Court recognized that the right to decide whether to continue a pregnancy comes within the constitutional protection that the liberty clause in the Fourteenth Amendment affords to privacy. This decision was consistent with earlier Supreme Court rulings recognizing a right to privacy that protects intimate and personal decisions from governmental interference.
The Supreme Court's ruling in Roe v. Wade had far-reaching implications, making abortion legal, more accessible, and safer for many pregnant people across the country. It also played a critical role in advancing gender equality in educational, economic, and political spheres. However, it is important to note that even after Roe, low-income people, people of color, and young people still faced barriers to accessing abortion.
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Dred Scott case
The Dred Scott case, also known as Dred Scott v. Sandford, was a decade-long fight for freedom by a Black enslaved man named Dred Scott. The case persisted through several courts and ultimately reached the U.S. Supreme Court.
Dred Scott was born into slavery around 1799 in Southampton County, Virginia. In 1818, he moved with his owner Peter Blow to Alabama, then, in 1830, to St. Louis, Missouri—both slave states. Dred Scott and his wife, Harriet, who could not read or write, received logistical and financial support to plead their case from their church, abolitionists, and the Blow family, who had once owned them. The Scotts had lived in Illinois and the Wisconsin Territory, both free domains, and so hoped they had a persuasive case.
On June 30, 1847, the court ruled against them on a technicality, and the judge granted a retrial. The Scotts went to trial again in January 1850 and won their freedom. However, Irene Emerson, who still retained ownership of the Scotts, appealed the case to the Missouri Supreme Court, which combined Dred and Harriet’s cases and reversed the lower court’s decision in 1852, making Dred Scott and his family enslaved again. In November 1853, Scott filed a federal lawsuit with the United States Circuit Court for the District of Missouri.
On May 15, 1854, the federal court heard Dred Scott v. Sandford and ruled against Scott, holding him and his family in slavery. In December 1854, Scott appealed his case to the United States Supreme Court. By this time, the case had gained notoriety, and Scott received support from many abolitionists, including powerful politicians and high-profile attorneys. However, on March 6, 1857, Scott lost his fight for freedom again. Chief Justice Roger Taney wrote the final majority opinion in Dred Scott v. Sandford, which stated that all people of African descent, enslaved or not, were not United States citizens and therefore had no right to sue in federal court. The court's decision incensed abolitionists, gave momentum to the anti-slavery movement, and served as a stepping stone to the Civil War.
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Miranda warnings
The case of Marbury v. Madison (1803) established the right of the courts to determine the constitutionality of the actions of the other two branches of government. This case completed the system of checks and balances, giving the US the power to interpret the Constitution.
The Miranda Warning, also known as being 'Mirandized', is a type of notification customarily given by police to criminal suspects in police custody. It advises them of their right to silence and protection from self-incrimination. The Miranda Warning is derived from the Supreme Court's 1966 decision in Miranda v. Arizona, which found that Ernesto Arturo Miranda's Fifth and Sixth Amendment rights had been violated during his arrest and trial for armed robbery, kidnapping, and rape.
The typical Miranda Warning states:
> You have the right to remain silent and refuse to answer questions. Anything you say can and will be used against you in a court of law. You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future. If you cannot afford an attorney, one will be appointed for you before any questioning if you wish. If you decide to answer questions now without an attorney present, you will still have the right to stop answering at any time until you talk to an attorney.
The specific language used in the warnings varies between jurisdictions, and the warning is deemed adequate as long as the defendant's rights are effectively conveyed. The suspect must give a clear, affirmative answer when asked if they understand their rights. If the suspect indicates that they wish to remain silent or request an attorney, the interrogation must cease until an attorney is present. It is important to note that police are only required to Mirandize a suspect if they intend to interrogate that person under custody.
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Frequently asked questions
Marbury v. Madison (1803) established the right of the courts to determine the constitutionality of the actions of the other two branches of government.
The Supreme Court held that any contradictory congressional Act is without force because the Constitution is the Supreme Law of the Land.
The decision in this case completed the system of checks and balances, ensuring that laws could be enacted, interpreted, and executed to meet challenging circumstances.
The Supreme Court has the power of judicial review, or the ability to declare a Legislative or Executive act in violation of the Constitution.
The Supreme Court consists of one Chief Justice and eight Associate Justices, who are appointed by the President and confirmed by the Senate.
