SUPREME COURT’S AUTHORITY AND ROLE
Mandamus – “
We command you”a.A writ commanding someone to do his or her duty. Someone is requestingthe judge to order someone to do his or her duty. The problem w/ mandamusis that it has TWO meanings
28 USC §1361
Executive Dept. Mandamus
i.District courts shall have original jdx in any action in the nature of mandamus to compel an officer or any agency to perform a duty to P.a.Note – “officer or employee of US” is always in the executive,NOT judiciary
ii.28 USC §1651(a) – Judicial Mandamus
1.The SC and all other courts est. by Congress may issue writsnecessary or appropriate in aid of their respective jdx and agreeable tothe usage and principles of lawa.Allows higher court judges to correct something that a lowercourt has done before final judgment
Marbury v. Madison
(establishing federal courts have the power of judicialreview)
a.RULE – No legislative act contrary to the Constitution can be valid
John Adams name 42 justices of the Peace for DC, includingMarbury. Commissions signed by Sec. of State Marshall. But commissionswere not delivered that day and Jefferson did not honor undeliveredappointments. Marbury brought
writ of mandamus
to compel Jefferson’ssec. of state, Madison, to deliver.
§13 of the Judiciary Act –
gives SC power to issue writs of mandamus toany person holding office, under authority of US.
Does the Constitution give SC the authority to review acts of Congress and declare them, if repugnant to the Constitution, to be void?
Unclear whether the Judiciary Act gave SC
inmandamus cases b/c the statute said SC shall ALSO have appellate jurisdiction from the circuit courts and courts of several states.2.If §13 grants appellate jdx then Marbury’s case had to be dismissedb/c he didn’t have original jdx to sue in the SC.
Where the Const. as interpreted by the SC, conflicts with the lawsenacted by Congress, the SC may declare such law unconstitutional andinvalid pursuant to its judicial review power1.If the SC identifies a conflict between a Const. provision andCongressional statute, the Court has the authority and duty to declarestatute unconstitutional and refuse to enforce it.
Art III §2, cl. 1 – no Fed court, including SC, may hear a caseor controversy that does not fall within the scope of the Federal judicialpower.
1.Art III § 2 cl. 1 – Divides judicial power into original andappellate
1.Appellate jurisdiction under Art IIIa.All cases arising under laws, Const, and treatiesb.Cases of admiraltyc.Controversies where US is party