Article III and Judicial Review PDF

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Article III and Judicial Review Benchmark: C.3.6 Analyze the structures, functions, and processes of the judicial branch as described by Article III of the Constitution. C.3.7 Describe the role of judicial review in American constitutional government. Content Focus Terms: U.S. Constitution, Article III, Supreme Court, Lower Federal Courts, Judicial Review, Marbury v. Madison, original jurisdiction, appellate jurisdiction STEP 1: Visit the National Constitution Center's Interactive Constitution- Art HYPERLINK "https://constitutioncenter.org/interactive-constitution/article/article-iii"i HYPERLINK "https://constitutioncenter.org/interactive-constitution/article/article-iii"cle III Judicial Branch to read about the powers of the Judicial Branch as stated in the U.S. Constitution. Article III Section 1 states, "The judicial Power of the United States, shall be vested in one Supreme Court, a in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, rece for their Services, a Compensation, which shall not be diminished during their Continuance in Office." •

What experience or qualifications are mentioned in Article III Section 1 to be a Justice of the Supreme Court or Judge in any lower courts?

there are no age, or experience requirements, you do not technically even need a law degree

STEP 2: Now read Article III, Section 2 here Interactive Constitution- Article III J HYPERLINK "https://constitutioncenter.org/interactive-constitution/article/article-iii"u HYPERLINK "https://constitutioncenter.org/interactive-constitution/article/articleiii"dicial Branch to explain the job of the Supreme Court as defined in the Constitution. •

What is the job of the Supreme Court as described in Article III?

to translate the constitution into today's courts, find the meaning of it

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Is there any indication in this section that the Supreme Court has the "right" or "responsibility" to determine whether laws are constitutional-- meaning whether they violate or go against what is writt in the Constitution? Explain your answer.

yes as it is up to the judicial branch to determine this

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Is there any reference to the term "judicial review" in the Constitution? Explain your answer.

no but the power to declare laws unconstitutional is implied

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Does Article III establish the limits of the Court's powers? Explain your answer.

power doesn't extend to hypotheticals, only real, current cases

STEP 3: The Marbury v. Madison case is all about the power of the Supreme Court as outlined in the Constitution in relationship to the other two branches. So what does the Constitution say is the job of the Supreme Court? Watch the Bill of Rights Institute’s short video clip Marbury v. Madison, which addresses the debate that occurred over judicial review at the time. https://youtu.be/Dbl2Lrle3VA •

What was William Marbury's complaint and how did it arise?

he was wanted a judge commission, but jefferson prevented it, and marbury was egally entitled one so they went to court over it

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What did Marbury hope to achieve by suing Secretary of State James Madison?

to get the commission he deserved

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Who "won" the case?

marbury

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What did this decision say about the role of the Supreme Court? Why is it still relevant to us today?

it showed that even the president cannot overstep his boundaries and break laws for his benefit...