Judicial Branch Notes

Denise Bell

Power of the Supreme Court

Originally the court was paid little attention.

During the first 10 years the court had three Chief Justices.

Chief Justices left because the job was not very challenging

Chief Justice John Marshall made the court stronger

Judicial Review

Established by Chief Justice John MarshallCourt can review actions of other branchesCan set laws of Congress asideCan declare actions of the President illegalHAS FINAL SAY ON WHAT CONSTITUTION MEANS/BINDING IN ALL 50 STATES

Marbury vs. Madison 1803

Case about act of Congress

Law conflicted with the Constitution(original jurisdiction of Supreme court)

Court declared federal law unconstitutional thus estab the notion of JUDICIAL REVIEW

Decision made court MORE POWERFUL

Other Marshall DecisionsA.) 1809-ruled federal laws would “win out” over state laws

B. 1819-ruled Congress had implied powers

C. 1819-Dartmouth College v. Woodward1. ruled state could not prohibit or alter valid contracts.

2. chipped away at power of states

3. set aside state law (ruled unconstitutional)

D. 1821-ruled could review state court decisions THUS MAKING SUPREME COURT THE MOST POWERFUL COURT IN THE LAND

Gibbons v. Ogden

D. 1824-Gibbons v. Ogden1. ended monopoly of steamboat traffic on Hudson River given by NY state to R. Fulton 2. monopoly is exclusive trade(Similar to Bill Gates and Microsoft)3.CHIEF JUSTICE MARSHALL ruled monopoly interfered with interstate commerce and Only Congress could regulate that trade

Taney CourtA. Dealt with issue of slaveryB. DRED SCOTT CASE-1857-ruled a black person could not be a citizen of U.S. and slavery was permitted everywhereC. CIVIL WAR reversed this decision by TWO CONSTITUTIONAL AMENDMENTS (13TH AND 14 TH) D. CHECKS AND BALANCES-constitutional amendments can check the power of the supreme court

Plessy v. Ferguson 1896A. ruled ‘separate but equal’ facilities for blacks and white

B. upheld Louisiana law about segregated railroad cars

C. Plessy was 1/8 black

D. 58 YEARS this case

led the country in its

thinking about race

Brown v. Board of Education of Topeka Kansas 1953 and 1954

A. 1954 court REVERSED ITSELF (Chief Justice Earl Warren)

B. ruled separate places could never be equal

C. bases on 14th

amendment-really

ruled no separate

school permitted

History of Supreme Court

A. Court can interpret Constitution very strictly or loosely

B. depends on Chief Justice-Strict reading reduces power of court

C. freer readings increase power of court

Changing CourtA. Changed if enough people want it to changeB. Work for Constitutional amendmentC. Elect President who appoints different judgesD. urge Congress to write new lawsE. Court pays attention to public opinionF. PEOPLE HAVE FINAL SAY SO-OF THE PEOPLE, BY THE PEOPLE, FOR THE PEOPLE—you are the government