Discussion 1 Powers

Powers of the Supreme Court In the presidential election of 1800, Thomas Jefferson defeated the incumbent president, John Adams, a federalist. Before John Adams left office, he appointed judges and justices of the peace for the District of Columbia who also were federalists. All of the appointments for the new judges and justices of the peace were approved during a mass Senate hearing. However, four of the justices of the peace did not receive their commissions before John Adams’ presidency was over. One of these justices of the peace, William Marbury, petitioned the Supreme Court to force James Madison, the new secretary of state under Jefferson, to deliver his commission. Marbury cited the Judiciary Act of 1789, which gave the Supreme Court the power to take such an action. In the end, Chief Justice John Marshall of the Supreme Court declared that the Judiciary Act of 1789 was unconstitutional and denied Marbury’s petition. This decision was the first time in history that the Supreme Court deemed a legislative act to be unconstitutional. As a direct result of the case, the concept of judicial review was established, and the checks and balances of the U.S. government were further defined. There are a number of Supreme Court cases that have significantly impacted law and public policy. As you progress through the course, you will review many of these cases. For this Discussion, you are asked to consider the significance of the Marbury v. Madison case. Resources Be sure to review the Learning Resources before completing this activity. Learning Resources Vile, J. R. (2022). Essential Supreme Court decisions: Summaries of leading cases in U.S. constitutional law (18th ed.). Rowman & Littlefield Publishers. Chapter 4, “Article III: The Judicial Branch” Marbury Madison, 5 U.S. 137 (1803)Links to an external site.. Supreme Court of the United StatesLinks to an external site.. (n.d.). https://www(dot)supremecourt(dot)gov/ OyezLinks to an external site.. (n.d.). https://www(dot)oyez(dot)org/ Abdelfatah, R., Arablouei, R., York, J., Caine, J., Wu, L., Kaplan-Levenson, L., Shah, P., & Whitley-Berry, V. (Hosts). (2020, December 10). SupremeLinks to an external site. [Audio podcast]. NPR Throughline. https://www(dot)npr(dot)org/2020/12/07/943937968/supreme Tyrkus, J., & Schwartz, C. A. (Eds.). (2022). Marbury v. MadisonLinks to an external site.. In Gale encyclopedia of American law (4th ed., Vol. 6, pp. 470–474). Gale. https://link(dot)gale(dot)com/apps/doc/CX8276202818/OVIC?u=minn4020&sid=bookmark-OVIC&xid=38c2f04f Updike Toler, L. (2024). Un-fathering the ConstitutionLinks to an external site.. Connecticut Law Review, 57(2). http://dx(dot)doi(dot)org/10.2139/ssrn.4574078 To prepare: Review the Learning Resources, and consider the power of the Supreme Court. Review the Supreme Court case Marbury v. Madison. Consider why Marbury v. Madison is a landmark decision in terms of the duties and powers of the Supreme Court. Using the supremecourt.gov website, the Oyez website, or the Nexis Uni database, identify and review a case decided by the Supreme Court related to criminal justice in which the Marbury v. Madison decision was significant. Consider how the Marbury v. Madison decision had a significant impact on the outcomes of the case you reviewed. By Day 3 Write an initial post in which you do the following: Explain why the Marbury v. Madison case is a landmark decision, supporting your explanation with references to the literature. Briefly summarize the Supreme Court case you selected, and apply the significance of the Marbury v. Madison decision to the case rulings. Be specific. Note: Throughout this course, you are expected to support your comments using scholarly sources. Be sure to support this Discussion post using the Learning Resources and other scholarly resources cited in APA Style.