Entry#5 Supreme Court

   Article 3 section 1 of the U.S Constitution establishes judicial Power to the supreme court. The duty of the judicial branch is to interpret laws. In other words, "to say what the law is"(Chief of Justice Marshall). Article 3 of the U.S Constitution is the shortest, and least specific branch compared to the other 2 branches, Legislative and Executive branch.



This case established the judicial review.

                                                   Marbury v. Madison 1803

Facts: Marbury was a justices-of-the-peace whom President Adams, on his last day in office, appointed for the District of Columbia. Although Acting Secretary of State Marshall sealed the commissions, several (including Marbury’s) were not delivered on time. Jefferson, President Adams’ successor, ordered Madison, the new Secretary of State, not to deliver the commissions. Marbury argued that (a) he and the other appointees were entitled to the commissions and (b) Madison’s failure to deliver the commissions entitled the appointees to a writ of mandamus.

Rule: (Marshall, C.J.) Implicitly, Article VI, Section: 2 of the Constitution gives the Supreme Court the authority to review acts of Congress and determine their constitutionality.   

                                         Brown v. Board of Education 1954 

Synopsis of Rule of Law. Even assuming equal facilities, if children in public schools are segregated solely on the basis of their color, the minority group is deprived of equal protection under law.

Facts. Black and white children were segregated in public schools citing laws which made segregation based on color mandatory or permissible. In other physical respects, including buildings, teaching curricula, teacher’s salaries, or qualifications, the schools were equal or were being brought to equal standards.

 

                                                              Cooper v. Aaron 1958

Synopsis of Rule of Law. The Constitution is the Supreme Law of the Land; Supreme Court Cases are binding upon all the States.

Facts. A state governor wishes to have the state legislature make it legal to segregate children in school based on his or her race. The Governor’s argument is one that the case is only binding until the state legislates otherwise, and that the case of Brown v. Board of Education should not be binding on the state.

 
      United States v. Nixon1962


Brief Fact Summary. The special prosecutor in the Watergate scandal subpoenaed tape recordings made of President Nixon (the “President”) discussing the scandal with some of his advisers. The President claimed executive privilege as his basis for refusing to turn over the tapes.

Synopsis of Rule of Law. Although a President deserves great deference regarding his Article II constitutional privilege, that privilege is not absolute and must be balanced against other constitutional interests

   The Supreme Court did not explicitly declare itself to be the final authority on the meaning of the constitution until these trials. The supreme court is very powerful and not easy to get a seat in. Many people have this undermined idea of supreme court judges having to be lawyers or have law training. Did you know nowhere in the constitution does it say that the U.S Supreme Court justices have to be lawyers or have any legal training. In fact, several justices in the courts history had never attended law school. James Byrnes, on the court 1941 to 1942, had little formal education and never attended college.