The
President of the United States has the power to
appoint judges to the federal courts. Usually, the President appoints
individuals who are members of his political party or who share his ideas about
politics.
In 1800, John
Adams was President and supported the Federalist Party. There was an election that year. Thomas
Jefferson, who belonged to a political party called the Republican Party, got
elected. There were many positions in the federal government that were empty. Adams also worked on passing
the Judiciary act of 1801, which created many more positions in the judicial
branch. Before he left office, President
Adams tried to fill these positions with people who shared his ideas. President Adams and Secretary of State, John Marshall worked around the clock to get all the pro-federalist officials appointed into office. In all, hundreds of officials were appointed at the end of John Adams’ term of presidency. He asked his Secretary John Marshall, to deliver the paperwork to these people so they could start their new jobs. Marshall delivered most of the papers. He was in a hurry, so he left some of the papers for the new Secretary of State, James Madison, to deliver. When he came into office, President Thomas Jefferson told Madison not to deliver the papers to some of the people Adams had appointed.
One of the individuals who didn't receive his papers was William Marbury. He sued James Madison and tried to get the Supreme Court of the United States to issue a writ of mandamus. A writ is a court order that forces an official to do something. Marbury argued that a law passed by Congress (the Judiciary Act of 1789) gave the Supreme Court of the United States the power to issue this writ. If the Court issued the writ, Madison would have to deliver the papers. Then Marbury would become a justice of the peace.
The Supreme Court of the United States had to decide the case. The new Chief Justice of the United States was John Marshall. He was the same person who had been unable to deliver the paperwork in the first place!
Questions to Answer in Blog Below:
- Why would the President appoint people who
are members of his same political party?
- Why do you think Thomas Jefferson did not
want the people Adams appointed to get
their jobs?
- Who is Chief Justice John Marshall likely
to agree with? Why?
- When the Supreme Court of the United States makes a decision,
how do they get people to obey it? In other words, who enforces it? If the
Court issued a writ to force Madison, a member of the executive branch, to
deliver the commission to Marbury, who would enforce it?
- How would Chief Justice Marshall and the
other members of the Court look to the public if they made a decision and
people refused to obey it?
- According to Article 3, Section 2, Clause 2
of the Constitution, does the Supreme Court of the United States have original
jurisdiction to issue writs of mandamus?
- If Congress passes a law that conflicts with the Constitution, which one are we required to follow: the new law or the U.S. Constitution?
1. They would appoint people of the same party so there would be less opposition to his plans.
ReplyDelete2. I think Jefferson didn't want them to get their jobs because they were of a different party and would mostly likely vote against him.
3.Chief Justice John Marshall is most likely to agree with Marbury because they were both Federalists.
4.They get the people to obey it by getting the legislative branch to make it a law and getting the executive branch to enforce it.
5. They would look down on the public because they underestimate their authority in the federal government.
6. Yes the United States' Supreme Court has original jurisdiction.
7.We are required to follow the new law.
1)The President appoint people who are members of his same political party, because the people had the same ideas.
ReplyDelete2)Thomas Jefferson did not want the people Adams appointed to get their jobs,because he didn't wanted to many people over ruling or changing things.
3)Chief Justice John Marshall likely to agree with was president Adams, because they were on the idea's and needed a lot of people to make the ideas come true.
4)Congress, would enforce the laws, and rules, and the president, told the people about how it will work.
5)we the people who vote on the rulings also, and if the people didn't obey it or refused they were needed to change the ruling and laws.
6)no, it more based on the court systems, for example, they need to listen to both sides , and decided what will happen.
7)in my opinion,we always will follow the U.S Constitution, but when the congress passes a new law, we should obey, unless, its not a good idea.
Whats the significance of this case?
Delete1. The President would appoint members of his own party to avoid any opposition to his ideas. If he is surrounded by people who share his beliefs, he has a lot more freedom in office.
ReplyDelete2. The people who Jefferson denied jobs were probably from different parties, or were going to drag Jefferson down.
3. Marshall would probably side with Madison because he wanted all pro-federalist officials into office.
4. The judicial branch can not get anything into law without the cooperation with legislation. Congress must turn it into law.
5. The court would maybe reconsider there decision with congress, and perhaps change the rule around.
6. Yes, they have the power to issue writs if an official is in violation of there power.
7. The Constitution is always followed first, due to the supremacy clause.
1. The President would appoint people who are members of the same political party to avoid less opposition.
ReplyDelete2. I think Thomas Jefferson didn't want the people Adams appointed to get their jobs because they were a different party.
3. Chief Justice John Marshall would likely agree with President Adams because they worked together to get all the Pro-federalist officals appointed into office.
4. Congress would get the people to obey it by getting the legislative branch to make it a law and getting the executive branch to enforce it.
5. I think that Chief Justice Marshall and the other members of the court would try to change it, so people would obey it.
6. Yes, the Supreme court of the United States has original Jurisdiction.
7. If congress passes a law that conflicts with the Constitution, we are required to follow the law.
1) The president might appoint people who are from the same political party because they may have similiar ideas.
ReplyDelete2) I think that Jefferson didn't want the people Adams appointed to get their jobs because they were part of a different party.
3) Chief Justice John Marshall is most likely to agree with Marbury cause they shared the same views.
4) The supreme court gets the people to obey their descisions by the legislative branch making it a law and having the executive branch to apply it.
5) Chief Justice Marshall and the other members of the court look to the public for a descision because they want us to obey and agree with the descision.
6) The United States supreme court does have jurisdiction.
7) If congress passes a law we are required to follow the law passed by congress.
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ReplyDelete1.the president would appoint people of his political party because they usually share the same ideas about politics.
ReplyDelete2. Thomas Jefferson probably felt that the people Adams appointed would over power him.
3. john Marshall is likely to agree with marbury because he was giving out the papers of people who were appointed.
4. either the legislative or executive branch would either be the ones to enforce it.
5.they would look like a weak government because they have no control over there people.
6. yes, the supreme court does have original jurisdiction to issue the writs of mandamus
7. we have to follow the u.s constitution
1. The President appointed members of his own party to the judge the hearing so their would be little opposition to his argument
ReplyDelete2. Jefferson opposed the members appointed because he thought the hearing would be bias.
3.Marshal is more likely to agree with Marbury, one because he is a federalist but most of because he is the one who messed up and didn't deliver all of the paper work and was looking to right his wrongs, also this decision gave more power the the Supreme court in which he was the head of.
4.A law is put into place by the legislative branch in which the federal police or army enforce if not followed.
5.They would look wear and probobly look for a way to revise the law.
6. Yes the supreme court has the power to isure the mandamus or writs
7.The new law, if the supreme court finds it unconstitutional it will be repealed.
1. The President would appoint members of his own party to avoid any opposition to his ideas
ReplyDelete2. He didn't want Adams' people appointed because they were of Adams' party and held differing views than his own.
3. . Marshall agreed with Jefferson because he specifically advised Madison not to hand-out Adams' papers. This gave Marshall an advantage in becoming the new Chief Justice.
4.The judicial branch they have the power to change laws.
5. They would be unpopular and look weak if no one chose to obey the law that they passed.
6.The Supreme Court does have original jurisdiction to issue writs of mandamus, because they have original jurisdiction in the cases affecting public ministers and consuls.
7. We would follow the new law because it is unconstitutional to the supreme court .
1. The President would appoint people of the same party because they wouldn't reject or deny his ideas. They go against the same beliefs.
ReplyDelete2. Thomas Jefferson did not want the people to get their jobs because that would mean they would go against him.
3. I think Chief Justice John Marshall would most likely agree with Marbury because they were both Federalists.
4. The legislative branch makes the law and the executive branch enforces it.
5. Chief Justice Marshall and the other members of the Court would probably be embarrassed and humiliated. No one would listen to them.
6. Yes, the Supreme Court of the United States has original jurisdiction to issue writs of mandamus.
7. We are required to follow the U.S Constitution.
1. The president would appoint people of the same party because they share the same beliefs.
ReplyDelete2. Thomas Jefferson didnt want the people Adams appointed to get the jobs because he knew that they would diagree with some of his ideas, taking away the freedom he planned on having in office.
3. Chief Justice John Marshall would most likely agree with President Adams because they worked together to get all the Pro-federalist officals appointed into office.
4.When the Supreme Court makes a decision, they enforce it, and in the case with Marbury vs. Madison, Chief Justice John Marshall would have to enforce the decision.
5.Chief Justice John Marshall and the Supreme court would appear weak to the public if no one obeys them or their decisions.
6.Yes the supreme Court does have original jurisdiction to issue wits of mandamus, but only in a certain sitution.
7. It would have to be made an Amendment, to cancel out what the Constitution says.
1)The President would appoint people of the same party because they may share many of the same ideas and views on issues.
ReplyDelete2)I think Thomas Jefferson did not want the people Adam elected to get thier jobs because they may not have some of the views and oppinions that Jefferson favored.
3)Chief Justice John Marshall is most likely to agree with Madison because they were pro-Federalists.
4)The laws would be made by the legislature branch and then passed on to the executive branch which would then enforce the laws passed.
5)The court would have to reconcider the law passed and see what they could implement in its place.
6)Yes, the Supreme Court has the power to issue writs if if they are being violated in any way.
7)We would follow the U.S Constitution because that is our basis to all Laws passed from there on.
1. The president would appoint people of the same political party so that bills will be passed and laws will be made in favor of that party.
ReplyDelete2. Jefferson did not want the people Adams appointed because they are from two different parties.
3. Marshell was likely to agree with Madison because they belonged to the same political party. However, Marbury won the case.
4. The executive branch enforces what the court says, but the judicial branch can determine whether the executive branch is properly administering laws.
5. The Courts would probably look to the president to enforce the laws that were interpreted by the judicial branch.
6. According to article 3, section 2, clause 2 of the U.S. constitution, the supreme court does have the original Jurisdiction to write a writ.
7. According to the supremacy clause, we are to follow the U.S constitution above all else.
1. The president would appoint people as the same political party to avoid members that share the same ideas of politics
ReplyDelete2. Thomas Jefferson did not want people appointed because they belonged to different parties
3. John Marshall is likey to agree with Marbury because they have the same ideas as federalists
4. The Supreme Court gets the people to obey the law getting the legislative branch to make the law and the executive branch enforcing the law
5. Marshall and other members of the court would look weak with people not being interested
6. Yes supreme court has jurisdiction
7. We would follow the constitution
1. The president would appoint people as the same political party to avoid members that share the same ideas of politics, and so that bills will be passed and laws will be made in favor of that party.
ReplyDelete2.Thomas Jefferson did not want the people Adam elected to get thier jobs because they did not have some of the views and oppinions that Jefferson favored, they were also from 2 different political parties.
3. I think Chief Justice John Marshall would most likely agree with Marbury because they were both Federalists, with similar ideas
4.The Supreme Court gets the people to obey the law getting the legislative branch to make the law and the executive branch enforcing the law
5. They would look down on the public because they underestimate their authority in the federal government.
6. Yes the United States' Supreme Court has original jurisdiction.
7. According to the supremacy clause, we are to follow the U.S constitution
1-They share many of the same political views.
ReplyDelete2-Many of the people that were going to be appointed were from the federalist party-He would have been able to pass any of the laws that he felt were important.
3-Chief Justice John Marshall would have agreed with John Adams especially since he did not deliver all of the paperwork in the first place.
4-They make it a law of the land-The gov't enforces it-I think the president.
5-People have know choice they have to obey the law no matter how you may feel-The law isthe law and it must be upheld.
6-Yes
7-We are required according to the supremacy clause to follow the united states constitution.