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 members who are of his own party simply because they think the same way and have the same agenda. In case anything had to go down to the judicial branch and it was up for the supreme court to decide, they would most likely rule in the favor of their own party's ideals.
ReplyDelete2. He didn't want Adams' people appointed because they were of Adams' party and held differing views than his own.
3. John Marshall was likely to agree with Jefferson because he was the one who didn't deliver the paperwork, which is the basis of the suit.
4. The judicial branch would have to enforce it because they enforce the law.
5. They would be unpopular and look weak if no one chose to obey the law that they passed.
6. The Supreme Court doesn't have the original jurisdiction to issue writs of mandamus, in order to enable the court to issue a mandamus, it has to be an exercise of appellate jurisdiction, or necessary to enable them to exercise appellate jurisdiction. Its the essential standard of appellate jurisdiction that it revises and corrects the proceedings in a cause already initiated, and doesn't create that case. Although a writ of mandamus may be directed to courts is a matter of original jurisdiction.
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 members of his same political party because they share common beliefs and values. The president selects people who would be willing to support him and bring about his ideas on how he would handle his position.
ReplyDelete2. I believe Thomas Jefferson did not want the people who Adams appointed to get their jobs because Adams was a Federalist; whereas, Jefferson was an Antifederalist. As you can see, they expressed different political views.
3. Marshall was more likely to agree 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. One of the essential jobs of the judicial branch is to enforce laws. If the court issued a writ, Madison would end up enforcing it.
5. If, no one obeyed a decision proposed by John Marshall and the Court, the Chief Justice would be disrespected and he would be taken advantage of.
6. Yes, but only in a given situation where the Constitution gave the Supreme Court the initial freedom to hold a trial.
7. We would follow the law of the Constitution because it is the supreme power of this country, and as citizens of this nation, we are expected to abide by it.
-Alex Kaufman
1. The president would appoint people who are members of the same political party in order to get the laws he wants to be passed approved quicker than if there were people there who had opposite views.
ReplyDelete2. President Jefferson didn’t want the people Adams appointed to receive their jobs because they were of a different party and Jefferson probably wanted to appoint people that were in his own political party. Doing this would have made it easier for him to get legislation passed.
3. Chief Justice John Marshall is likely to agree with William Marbury, because he was Secretary of State under Adams, and had wanted to deliver the papers, but couldn’t.
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 look weak to the public if no one obeys them, and the decisions they make would probably never be enforced.
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, and those in which a State shall be party.
7. If Congress passes a law that conflicts with the Constitution, we are to follow the law, but the Supreme Court would rule the law unconstitutional when they use judicial review, and the law would be changed.
1. The President would appoint people of the same political party because they would most likely have the same ideals.
ReplyDelete2. Thomas Jefferson did not want Adams choices elected because they were federalists while he was a republican.
3. John Marshall would side with Jefferson because he appointed him as his secretary of state.
4. The Judicial Branch would enforce it, and if their ruling was not followed, Madison would be put on trial against the Supreme Court.
5. If no one obeyed the courts law the judicial branch would seem weaker then the executive and legislative branches.
6. Writs of Mandamus can only be issued under original jurisdiction, but this only effects those listed in Article III section 2.
7. If Congress passes a law that conflicts with the Constitution, we are to follow the Constitution.
1. The president would appoint people who are of the same party because they believe in the same thing. They share common beliefs and things can be brought upon better when everyone agrees.
ReplyDelete2. Jefferson did not want Adams people to get a job because they had different be;iefs.
3. Marshall is likely to agree with Adams because he is the president and supported the federalist party.
4. The judicial branch they have the power to change laws.
5. If cheif John Marshall and the court made decisions and no one followed them they would be lacking the political power.
6. Yes the Supreme Court does have original jurisdiction to issue writs of mandamus.
7. Supreme court has to make a decision if the law is valid or not. If congress passes it has to be followed but if its found to be unconstitutional it will be knocked down.
1. The president would appoint people from the same political party because they would probably have the same views as him and agree with his opinions.
ReplyDelete2. Jefferson didn't want the people that Adams appointed to be elected because they were in the other party which was federalists.
3. Marshall would side with Marbury because he wanted to deliver the papers.
4. The judicial branch enforces the decision for the supreme court. If Madison did not follow, John Marshall would step in.
5. Then the supreme court would look uneducated and inexperienced for this and John Marshall's would not be taken seriously.
6. The supreme court does have original jurisdiction to issue writs of mandamus in situations where a state shall be a party stated in section 2.
7. We would follow the constitution because it is the basis of laws of our country.
1.The president would appoint members of the same political party because he wants people who share the same views as him. The laws he proposes would more likely be approved unlike if he had opposite political members.
ReplyDelete2. Thomas Jefferson did not want the people Adams appointed to get their jobs because they were the opposite political party from Jefferson and probably didn't have the same views.
3. Chief Justice John Marshall is more likely to agree with Jefferson because he was unable to deliver the papers which gave him an edge to become secretary of state.
4. When the Supreme Court of the United States makes a decision, they enforce it through the Judicial Branch because they enforce the laws. If the court issued a writ, Madison would have no choice but to enforce it.
5. Chief Justice Marshall and the other members of the Court would look foolish and lack the ability to lead the public if they made a decision and people refused to obey it.
6. The Supreme Court does have original jurisdiction to issue writs of mandamus, because they have original jurisdiction in cases affecting the public.
7. If Congress passes a law that conflicts with the Constitution, we are to follow the Constitution because it is the most powerful type of written laws. The law that is conflicting with the Constitution would either be changed or removed.
1. The president appoints people who are of the same party because they have very similar ideas.
ReplyDelete2. Thomas Jefferson did not want the people Adams appointed to get their job because Thomas Jefferson was a republican and Adams was a federalist.
3. John Marshall is more likely to agree with Jefferson because he did not deliver all the paper work.
4.The judicial branch because they enforced the law.
5. They would look very bad because no one obeyed their laws.
6.Yes the supreme Court does have original jurisdiction to issue wits of mandamus but only in a given situation where the Constitution gave the Supreme Court the initial freedom to hold a trial.
7. We must follow the Constitution no matter what
Why would the President appoint people who are members of his same political party?
ReplyDeletebecause they have the same ideas.
Why do you think Thomas Jefferson did not want the people Adams appointed to get their jobs?
he didnt want them to get their jobs because they were from a different political party (federalists)
Who is Chief Justice John Marshall likely to agree with? Why?
he is more likely to agree with jefferson because he appointed him secretary of the state.
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?
the judicial branch enforces the laws passed by congress.
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?
they would look stupid and it would look like they couldnt control the people
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?
yes because they have original jurisdiction in the cases effecting public ministers and consuls.
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?
we follow the constitution because its the most important law
1. The president would appoint people in the same political party as him because he most likely shares similar views as them.
ReplyDelete2. I believe it is for the simple fact that since they belonged to different parties they held different political views.
3. i feel like he most likely agree with Jefferson because at the time he was the president of the United States.
4. The Judicial Branch reviews all laws and enforces it.
5. If they were to make a decision and no one obeyed it they were look weak and not in control of the people.
6. Does the Supreme Court of the United States have original jurisdiction to issue writs of mandamus ? Yes in certain situations
7. 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 ? We are to follow the Us constitution.
1. The president appoints the same poeple from his political party because that have the same beliefs.
ReplyDelete2. Thomas wanted his own people to have the jobs.
3. John Marshall likely to agree with Adams because he was the secretary of state.
4. When the court make a decison the executive branch enforce the laws.
5. If the court makes a bad decision the people can veto it.
6. The supreme court of the united states does have the rights to issue writs of mandamus.
7. When congress has a conflicts with constitution with the law you must follow the constitution.
1. The President appoint people who are members of his same political party so that whatever laws or ideas their party had they'd be able to get all of them done in court.
ReplyDelete2. Thomas Jefferson did not want the people Adams appointed to get their jobs because he was from a different party.
3. Chief Justice John Marshall is likely to agree with Marbury because he was suppose to receive documents he didn't receive which he was entitled to. This right should be issued by marshall.
4. When the Supreme Court of the United States makes a decision, the legislative branch with its two houses enforces the law of our government.
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, in a certain situation.
7. The law of the constitution because it is the ruling law of the land. All laws must be declared constitutional. The constitution is also known as a living document being able to change with the times in amendments.
1. The president would appoint people who are members of their political party because they will agree with all of their ideas and proposals and have the same views.
ReplyDelete2.Thomas Jefferson did not want the people that Adam's appointed to get their jobs because they did not have the same views as him and would disagree with whatever he tried to pass.
3.Chief Justice John Marshall would likely agree with Marbury because what Jackson made Madison do was unconstitutional because they never delivered the papers that they were supposed to.
4.The United States get the people to obey the laws by the judicial branch enforcing the laws. The legislative branch would enforce what the judicial force ruled.
5.It would look bad because they would look weak if they didn't listen to what they ruled the people to do.
6.Yes, but only in a certain situation.
7. we would have to follow the law of the constitution because that is the law of the land and the major law and if something is contradicting and it must be reviewed and changed.
1. The President appointed members of his own party because they would all agree with one another and have the same views
ReplyDelete2. Thomas Jefferson opposed the members appointed because he thought the hearing would be bias.
3.Marshall is more likely to agree with Marbury because he is the one who messed up and didn't deliver all of the paper work and was looking to right his wrongs.
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 bad and probably look for a way to revise the law.
6. Yes the supreme court has the power to insure the writs of mandamus.
7.The law of constitution because the constitution is the absolute law of the nation.
This comment has been removed by the author.
ReplyDelete1. The president appoints the people from his political party because they would agree with him because they have the same beliefs.
ReplyDelete2. Thomas Jefferson didn't want Adams to be elected since they were in different parties they have different beliefs.
3. Marshall would agree more with Madison because he was secretary of state.
4. The Supreme Court makes a decision and they enforce it. Chief Justice John Marshall would have to enforce the decision in this case.
5. They would look weak to the public and their decisions may never be enforced.
6. The Supreme Court does have original jurisdiction.
7. We would follow the Constitution because it is the Supreme law of the country.
1 The President would appoint who are members of his same political Party because they probable believe in the same views. Since there are both part of the same political party. When Supreme Court making sure some laws are constitutionally they will favor the president.
ReplyDelete2 Thomas Jefferson did not want the people Adams appointed to get their jobs because the people appointed were the opposite party political as Jefferson not favoring laws he tries to get passed by calling them unconstitutionally.
3 Chief Justice John Marshall is most likely to agree with Marbury because he favored Marbury.
4 Judicial branches would enforce it.
5 Weak if they let the executive branch get away with breaking a law.
6 Yes
7 Us Constitution
1. The president appoints members of the same political party so there is no unnecessary confrontation and decisions are made easier.
ReplyDelete2. Thomas Jefferson did not want them appointed because they are federalists.
3. John Marshall is likely to agree with Jefferson because he didn't deliver the papers.
4. The judicial branch would enforce it because that is their position, to enforce laws.
5. They would be taken advantage of and weak, and maybe they would eventually be removed from their position.
6. Yes, because originally, they have jurisdiction.
7. The US Constitution
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 that Adam's appointed to get their jobs because they did not have the same views as him and would disagree with whatever he tried to pass.
3. Chief Justice John Marshall is likely to agree with William Marbury, because he was Secretary of State under Adams, and had wanted to deliver the papers, but couldn’t.
4. The judicial branch would have to enforce it because they enforce the law.
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. Yes the United States' Supreme Court has original jurisdiction.
7. The Constitution is always followed first, due to the supremacy clause.
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. The president would appoint someone of the same political party because than they will have the same ideas and not have a problem when needing to agree on something.
ReplyDelete2. Jefferson didnt want Adams people to be elected because they are of the opposite party.
3. I feel that Judge Marshall would agree with Jefferson because he is the one who didnt send the papers.
4.The judicial branch enforces the law, so there for they would.
5. They would look weak since they couldnt get everyone to obey.
6. The writs of mandamus could only be issued under original jurisdiction.
7. If Congress passes a law that conflicts with the Constitution, you still follow the U.S. constitution.
1. The president would appoint members of the same political party because they would most likely agree with him on ideas or laws that he wants to pass.
ReplyDelete2. Jefferson did not want the people Adams was appointing because they were of the opposite political party. Therefeore, when Jefferson would want to get something done, the people who Adams appointed would not agree and nothing would get passed.
3. Chief Justice John Marshall would most likely agree with
Jefferson because what Adams did is truly the wrong thing to do.
4. The Judicial branch enforces the laws.
5. They would look powerless if noone followed their laws. They would have no control and eventually become very unpopular.
6. The Supreme Court doesn't have the original jurisdiction to issue writs of mandamus.
7. You would always follow the Constitution above all unless it was amended.
1.The President appoints people who are members of his same political party so they would agree with him on an issue and get their vote.
ReplyDelete2. I don't think Thomas Jefferson did not want the people Adams appointed to get elected because they were the opposite political party.
3. Chief Justice John Marshall likely to agree with Jefferson because he never delievered the papers.
4. The Judicial Branch because they enforce the laws.
5.If 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 look weak and uneducated and seem like they don't know what they are talking about.
6. Yes the Supreme Court of the United States has original jurisdiction to issue writs of mandamus
7.If Congress passes a law that conflicts with the Constitution, which one are we required to follow the U.S. Constitution.
1. The President should appoint members of the same political party because it is more likely for them to share mutual interests.
ReplyDelete2. I think Thomas Jefferson did not want the people Adams appointed to get their jobs because they were not in the same political party.
3. Chief Justice John Marshall is likely to agree with Jefferson because he did not send the papers.
4. The Supreme Court will get the legislative branch to make the law and the executive branch to enforce the law.
5. If 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 look like hypocrites.
6. Yes, the Supreme Court of the United States has original jurisdiction to issue writs of mandamus
7. If Congress passes a law that conflicts with the Constitution, you still need to follow the U.S. constitution.
1. The president would appoint people from the same politcal party because they most likely share simliar ideas that would be keep in the government.
ReplyDelete2. Adams did not want the people that Thomas Jefferson appointed to get all of their jobs because they were all from the same politcal party, giving the Republicians too much power.
3. John Marshall is most likely to agree with Jefferson because he helped him get all of these people the jobs but just did not get the chance to send all of the papers.
4.The people would have to obey the laws passed by the Judical Branch because they enforce it when the Supreme Court makes a decision.
5. If the people did not obey Chief Justice Marshall and the other members of the Court laws, it would make them seem like had no political power and were weak.
6. Yes, but only in the class of cases when the Constitution grants the Supreme Court original jurisdiction.
7. If Congress passes a law that conflicts with the Constitution we required to follow the U.S. Constitution.
Lauren Dougherty
1. The president would appoint people who are members of his same political party son that they will have the same views on issues, and it will be a unanimous decision. Things will be able to get done quicker and easier with everyone on the same page.
ReplyDelete2. Thomas Jefferson did not want the people Adams appointed to get their jobs because they would not have the same views as himself while he is about to become president.
3. Chief Justice John Marshall is likely to agree 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 would have to enforce it because they enforce the law. If the court issued a writ, Madison would end up enforcing it.
5. The Chief Justice would be disrespected if no one obeyed a decision proposed by John Marshall and the Court. The decisions they make would probably never be enforced
6. Writs of Mandamus can only be issued under original jurisdiction, but this only affects those listed in Article III section 2.
7. We would follow the law of the Constitution because it is the supreme power of this country. The law that is conflicting with the Constitution would either be changed or removed.
1) The President would appoint people who are members of the same political party because they would share similar views, thus being able to vote on laws/issues more quickly.
ReplyDelete2) I think Thomas Jefferson did not want the people Adams appointed to get their jobs because they were of opposing political parties.
3) Chief Justice John Marshall is more likely to agree with Marbury because he was Secretary of State under Adams and had every intention of having papers delivered.
4) People obey laws passed by the Legislative branch. These laws are enforced by the Executive branch.
5) Chief Justice Marshall and other members of the Court would look weak to the public if they made a decision and people refused to obey it.
6) Yes, the United States has original jurisdiction to issue writs of mandamus.
7) According to the supremacy clause, we must follow the U.S. Constitution