Marbury v. Madison (1803) Chief Justice John Marshall

1
Marbury v. Madison (1803)Chief Justice John
Marshalls Reasoning

• The Constitution is the supreme law, binding on
  all branches
• The Constitution establishes a government with
  limited power.
• So, acts of the legislature repugnant to the
  Constitution are void.
• It is the province an duty of the judicial
  department to say what the law is.
• It is judicial duty to determine if laws are in
  opposition to the Constitution and to declare
  them null and void.

2
The Supreme Courts Policy Agenda

• The Supreme Court dominates policy making in the
  areas of
• Civil Rights and the Treatment of Women and
  Minorities.
• The Procedural Rights of Criminal Defendants.
• Freedom of Speech, Press, and Religion.

3
Current Supreme Court Justices

• Chief Justice William Rehnquist
• Justice Stephen Breyer
• Justice Ruth Bader Ginsburg
• Justice Anthony M. Kennedy
• Justice Sandra Day O'Connor
• Justice Antonin Scalia
• Justice David Souter
• Justice John Paul Stevens
• Justice Clarence Thomas

4
Opinions

• Majority Opinion
• Written by or assigned by Chief Justice if voting
  with the Majority. Otherwise, written by most
  senior justice voting with majority.
• Concurring Opinion
• Written by any justice who agrees with the
  decision but disagree with majority opinion.
• Dissenting Opinion
• Written by any justice who voted with the
  minority.

5
U.S. Supreme Court Jurisdiction

• Original
• Two or more states.
• The U.S. and a state.
• Foreign ambassadors and other diplomats.
• A state and a citizen of a different state.
• Appellate
• Lowest federal courts.
• Highest state courts.

6
Selecting a Supreme Court Justice

• Prestigious Academic Background
• Prior Judicial Experience
• Age
• Race
• Gender
• Religion
• Political Party
• Judicial Philosophy