Background Summary and Questions •
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.The President appoints people who are members of his same political party because they share his ideas.
ReplyDelete2.Thomas Jefferson did not want the people John Adams appointed because they belonged to the Federalist party and had different ideas than Jefferson who belonged to the Republican party.
3.Chief Justice John Marshall is likely to agree with John Adams because they were both members of the Federalist party.
4.When the Supreme Court makes a decision, I think the Supreme Court and Chief Justice would have to enforce it.
5.If the Chief Justice and other members of the Court made a decision and people refused to obey it, they would look weak.
6.Yes
7.We would be required to follow the new law, Which would be an amendment to the Constitution.
1. The President appointed members of the same political party so that his successor (who was part of a different political party) would have a hard time putting laws through and such.
ReplyDelete2. Thomas Jefferson didn't want the people Adam's appointed to get their jobs because they were part of different political parties and he didn't want to have a hard time while in office.
3. Chief Justice John Marshall was a Federalist like John Adams (who appointed him). Therefore he was more likely to agree with Adams instead of Jefferson who was a Democratic-Republican.
4. The Chief Justice would have to enforce the orders of the Supreme Court so in this case that was John Marshall.
5. If the people refused to obey the decisions of the Supreme Court, John Marshall and the Supreme Court would have to enforce Judicial Review. That gave the Supreme Court the right to deem laws "unconstitutional" (or against what they originally ordered).
6. According to Article 3 Section 2, Clause 2 the Supreme Court does have the jurisdiction to issue writs of mandamus. This is because that part of the constitution states that the Supreme Court has the right to rule over any parties or members of the United States.
7. If congress passes and unconstitutional law we are required to follow said law until it is deemed by the Supreme Court using Judicial Review that the law is unconstitutional.
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ReplyDelete1.president appoints members of his own political party so they favor his ideas.
ReplyDelete2. Jefferson did not want the people John Adams appointed because they belonged to the federalist party and had different views than jefferson, who was part of the republican party.
3. Cheif justice john marshalls is likely to agree with john adams because they share the same beliefs, both belonging to the federalist party.
4. The chief justice has to enforce the orders of the supreme court, so in this case it would be John Marshall.
5.if people refused to obey decision, the court would be allowed to use judicial review.
6.Yes, because in the articles of the constitution it states that supreme court has the right to rule over any party or member of united states.
7.we would be required to obey the new law, which would be an addition to the constitution, which is called an amendment.
1. The President appoints members from his own political party because they share similar ideas.
ReplyDelete2. Thomas Jefferson did not want people from Adams appointed because they are from different political parties so theu have different ideas.
3. John Marshall was most likely to agree with Thomas Jefferson because John Marshall was the one who did not deliver the paperwork, which he had followed the orders of Jefferson.
4. When the Supreme Court of the United States makes a decision, they get people to obey it through the judicial branch because they have the power to enforce the law.
5. Chief Justice Masrchall and other members of the court would look weak if no one chose to obey the law that they passed.
6. According to Article 3 Section 2 clause 2 of the constitution the Supreme Court does have the original jurisdiction to issue writs of mandamus.
7. If congress passed a law that conflict with the constitution we are required to follow the law of the United States constitution.
1. The President appoints individuals who are members of his political party or who share his ideas.
ReplyDelete2. Jefferson did not want to appoint and members of Adams party because they were in opposite political parties and had different thoughts and ideas.
3. Chief Justice John Marshall would probbly agree with John Adams since adams appointed Marshall and were in the same party so they shared thoughts and ideas.
4. I think it is the judicial branch which involves the chief of justice to enforce the orders.
5. 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 they would have to eforce another law that would make them or somehow change the law so the people would listen so they dont look bad.
6. Yes because the members of the supreme court can over rule in that part of the constitution.
7. The people would have to follow the new law because it is then considered an amendment which takes over the constitution unless the law is unconstitutional.
1. The president appoints people who are in his political party becaus they share his ideas.
ReplyDelete2. Thomas Jefferson did not want the people who Addam's appointed to get their jobs because they were from a different political party and so they did not share Jefferson's ideas.
3. Chief Justice John Marshall would agree with Madison because he was also appointed by John Addams.
4. The Chief Justice enforces laws made by the Supreme Court. At the time of this case it was Chief Justice John Marshall who decided.
5. Chief Justice Marshall and other members of the Court would look foolish and weak if they passed a law and the public did not obey it.
6. According to Article 3 Section 2, Clause 2 the Supreme Court does have the jurisdiction to issue writs of mandamus because they can over rule any party or member of the United States.
7. We would be required to follow the new law because the laws can be added or changed in the Constitution.
1. The President would appoint people who are members of his same political party because he would be able to pass more controversial laws that he would not be able to otherwise.
ReplyDelete2. Thomas Jefferson did not want people appointed to get their jobs because lobbyists would get appointed instead of someone more qualified.
3. Chief Justice John Marshall would agree with John Adams because they both are part of the same party and he was appointed by Adams.
4. The judicial branch would enforce it.
5. They would look bad for allowing a law to be passed that the people were so against.
6. The Supreme Court has original jurisdiction to issue writs of mandamus.
7. The new law would be followed.
1. The President appoints people who are members of his same political party because they share his ideas.
ReplyDelete2. Thomas Jefferson did not want the people Adams appointed to get their jobs because they were in opposite parties who didn't share Jefferson's ideas.
3. John Marshall would agree with Madison because they were in the same party.
4. The chief Justice enforces laws from the supreme court.
5. Chief Justice Marshall and other members of the Court would look silly and weak if they didn't obey laws that they passed.
6. The members of the supreme court can overrule in that part of the constitution.
7. We will follow the new law because they can be changed and added in the constitution.
1.The president would appoint people of the same political party because there are strong believers of the same idea that he has.
ReplyDelete2.Thomas Jefferson did not want the people John Adams appointed because they were not of his political party and the opposing party’s views and beliefs will grow stronger when you have more of that party present in government.
3.Chief Justice John Marshall is likely to agree with john Adams because both were members of the Federalist Party and they had similar beliefs.
4.When the supreme court of the United States makes a law the judicial branch enforces it.
5.If Chief Justice Marshall and other members of the Court made a decision and the public did not obey it they would look down upon but would find a way to enforce the law by taking the law to court.
6.According to Article 3 Section 2, Clause 2 the Supreme Court has the jurisdiction to issue writs of mandamus they can over rules any party or members of the parties of the United States.
7.If Congress passes a law that conflicts with the Constitution we would be required to fallow the law because it’s than considered an amendment than it takes precedence over the constitution.
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.They would appoint people of the same party so there would be less opposition to his plans.
ReplyDelete2.I think Thomas Jefferson didn't want the people Adams appointed to get their jobs because they were a different party.
3.John Marshall is likely to agree with Marbury because he was giving out the papers of people who were appointed.
4.A law is put into place by the legislative branch in which the federal police or army enforce if not followed
5.It would look extremely bad on our government and our domestic security not only foreign nations but to our own nation, as an anarchy.
6.Yes because they have original jurisdiction in the cases effecting public ministers and consuls.
7.If congress passes an unconstitutional law or one that conflicts with the constitution, and if judicial review hasn't gotten rid of the law yet or allowed it to pass, you follow the law of the constitution. The constitution is the unequivocal law of the nation.
1. The President would appoint people of the same party because they will agree with his ideas and what he plans to get done will get done.
ReplyDelete2. Thomas Jefferson didn't want people that were appointed by Adams to get there job because they weren't apart of his political party.
3. John Marshall would agree with Marbury because they are apart of the same political party and he was supposed to get the paper to him.
4. The Chief justice would have to enforce the laws by the Supreme Court in order for everyone to obey it.
5.The chief justice and the other members would look extremely weak. The country would become a complete democracy because there would be no control.
6. According to Article 3 Section 2 clause 2 of the constitution the Supreme Court does have the original jurisdiction to issue writs of mandamus.
7. We would have to follow the rule until it is declared unconstitutional by the Supreme Court.
1. The president would want to appoint people of his political party so they would support his ideas and carry out his plans.
ReplyDelete2. Adams had just appointed new Justices right before his term ended. Since Adams and Jefferson are of different political parties, Jefferson obviously didn’t want the opposing party to have the upper hand.
3. I think John Marshall was more likely to agree with Marbury. He “worked around the clock” to get all the documents in on time.
4. Supreme Court would have forced Madison to deliver the commission.
5. The people can’t just decide not to obey a new decision. Of course they have to right to speak their mind and defy it, but they would have to suffer the consequences otherwise.
6. The Supreme Court should have the authority and power to issue a writ of mandamus.
7. The Constitution overrides any modern laws. If the judicial branch has a problem with the new law, they can declare it unconstitutional and possibly revoke it.
1. The president appoints people who are apart of his political party because they have similar political views.
ReplyDelete2. Jefferson did not want the people Adams appointed to get their jobs because that would have benefited Adams political party and would have mad the presidency harder for him.
3. John Marshall was more likely to agree with Marbury because John Adams gave the presidential order and it should have been carried out.
4. When the Supreme Court makes a decision on a case it is the job of the president to make Madison issue the documents.
5. If the Supreme Court made a decision and people failed to obey the decision then the court would lose credibility and power.
6. Yes the court has the right to issue writs and mandamus.
7. The new law would be a amendement to the Constitution and the Constitution over rides all other laws
1. The president chooses people from the same political party because they have the same views
ReplyDelete2. Jefferson didn't want Adams people to come into office because they were not apart of the same political party and they had different views in how to run the government.
3.john Marshall would most likely agree with Marbury because they were both in the same political party and they had the sales views.
4.the supreme was right to force Jefferson to hand the papers over to Marbury because John Adams appointed during his presidency And the supreme court gets people to obey the laws by enforcing them.
5.The chief justice and the other members of congress would look weak if the were not able get people to key the laws. They would have to find another way to get people to follow the laws that they have set.
6.The articles does have an original mandamus in it according to article 3 section 2 of the constitution.
7.If congress had passed a new law that doesn't follow the constitution you would have to follow the constitution because for congress to get people to really follow this law they would have to change the constitution so that it would conflict with each other.
1)1The president would appoint people from his political party so that they can therefore rule on issues in the favor of the president's political party
ReplyDelete2)Jefferson did not want the people that Adams appointed because these people shared the same views as Adams that had differed with the political views of Jefferson.
3)Marshall was most likely agreed with Adams because they shared the same political views because they were both federalists
4)An official would enforce a writ of mandamus, or would most likely make it into a law with a suitable consequence.
5)They John Marshall would most likely find a suitable punishment for not obeying the crime to therefore get people to follow it
6)Yes the Supreme Court has the right to issue a writ of mandamus in the constitution
7)We would follow the law of congress because the constitution can constantly be changed according to laws passed by congress
1) The President appoints individuals who are members of his political party or who share his ideas about politics.
ReplyDelete2)Thomas Jefferson supported the Federalist Party and did not want people who supported the Republican Party to get a job. Jefferson wanted people who shared his ideas.
3)Chief Justice John Marshall is most likely to agree with Adams because they worked together and shared the same views.
4)The Supreme Court gets people to obey it through a writ of mandamus. To deliver the commission to Marbury the Chief Justice would enforce it.
5)Chief Justice Marshall and other members of the Court would look weak to the public.
6)The Supreme Court of the US has original jurisdiction.
7)We would follow the new law because laws can be added to the Constitution.
1.) The Presidents appoints people who share the same views and are from the same political party as him.
ReplyDelete2.) Jefferson did not want Adams to be appointed because they were from different political parties and thought the government should be ran different.
3.) Chief Justice Marshall was most likely to agree with Adams because they were both from the same party.
4.) A Supreme Court Justice would enforce a writ of mandamus.
5.) the Supreme Court should have the authority and power to issue a writ of mandamus
6.)yes the court has the right to issue writs and mandamus.
7.) We would follow the new law because the constitution was made to fit the changing society
1. The President appoints people who are members of the same political party because they share the same views and he doesn't have a hard time getting through to his members.
ReplyDelete2. Thomas Jefferson did not want the people Adam's appointed to have their jobs because they had different views and he did not want a hard time.
3. Chief Justice John Marshall would likely agree with Adams because they shared the same views and they were both from the same party.
4. The Supreme court would get people to obey their decisions by using examples of people, The Chief Justice would enfore a writ of mandamus.
5. Chief Justice and members of the Court would look stupid and weak if no one followed a decision they made.
6. The Supreme Court does have the right to issue a writ of mandamus in the constitution
7. We are required to follow the new law until it is deemed unconstitutional, because laws can be added or changed in the Constitution, it would also be considered an amendment.
1. The president would want to appoint people who are members of the same political party as him because they would share his views and would have the same ideas as him.
ReplyDelete2. Thomas Jefferson didn't want the people Adams appointed to get their jobs because Jefferson appointed people who shared his political party, and Adams would want people who were in his own political party.
3. John Marshall would agree with Adams because they shared political views and were in the same political parties.
4. The Chief Justice enforces a decision made by the Supreme Court. If Madison was to be forced to deliver the commission to Marbury, John Marshall would enforce it.
5. If the Chief Justice and the Court made a decision and people refused to obey it, they would look weak to the public. They would have to enforce the law to make an example out of the person.
6. Yes, according to the Constitution the Supreme Court has original jurisdiction to issue a writ of mandamus.
7. We would be required to follow the new law because Congress has the power to deem a law unconstitutional and make amendments to the Constitution.
1. The President would appoint people who are members of his same political party because they would have the same ideas about politics.
ReplyDelete2.Thomas Jefferson did not want the people Adams appointed to get their jobs because President Adams tried to fill these positions with people who shared his ideas which who had opposite ideas from Jefferson.
3.Chief Justice John Marshall likely to agree with Adams because he was still president at the time he appointed the new officials.
4.When the Supreme Court of the United States makes a decision, they get people to obey it by the executive branch enforcing the law.
5. Chief Justice Marshall and the other members of the Court wouldn't be taken seriously by the public if they made a decision and people refused to obey it.
6.According to Article 3, Section 2, Clause 2 of the Constitution, Supreme Court of the United States does have the write to issue writs of mandamus.
7.If Congress passes a law that conflicts with the Constitution, which one are we required to follow the new law until its declared to be unconstitutional.