Judicial Review and Affirmative Action
In this assignment, you address judicial review and affirmative action topic. In 1803, the Supreme Court of the United States decided the case of Marbury v. Madison, providing itself great power to judge the decisions of the other branches of government and opening the door to decisions consistent with the Fourteenth Amendment’s Equal Protection Clause.
Preparation
Review the following U.S. Supreme Court cases:
Marbury v. Madison.
Grutter v. Bollinger.
Instructions
Write a 3–4 page paper in which you:
Prepare a one-page case brief of Marbury v. Madison explaining the power of the Supreme Court’s judicial review, including whether the judicial review amounts to law-making.
Use the Case Brief Template [DOCX].
Prepare a one-page case brief of Grutter v. Bollinger explaining how affirmative action came to be part of admissions to college and the Court’s requirements for it.
Use the Case Brief Template [DOCX].
- Identify existing checks and balances for race-conscious school admission programs, including any unintended consequences.
- Support your writing with at least three credible, relevant, and appropriate academic sources.
- Write in an articulate and well-organized manner that is grammatically correct and free of spelling, typographical, formatting, and/or punctuation errors.
- This course requires the use of Strayer Writing Standards. For assistance and information, please refer to the Strayer Writing Standards link in the left-hand menu of your course. Check with your professor for any additional instructions.
The specific course learning outcome associated with this assignment is:
Analyze the Supreme Court’s use of judicial review to require diversity.
Case Brief: Marbury v. Madison
Facts:
- In 1801, President John Adams appointed William Marbury as a Justice of the Peace for the District of Columbia. However, his commission was not delivered before the end of Adams’s term.
- The new Secretary of State, James Madison, under President Thomas Jefferson, refused to deliver Marbury’s commission.
- Marbury petitioned the Supreme Court for a writ of mandamus, requesting the Court to order Madison to deliver the commission.
Issue:
- Does Marbury have a right to his commission, and can the Supreme Court issue a writ of mandamus?
Decision:
- The Court held that Marbury had a right to his commission, as it was validly appointed, and he was entitled to it.
- However, the Court could not grant the writ of mandamus because the authority provided in the Judiciary Act of 1789, under which Marbury filed his petition, was unconstitutional.
Reasoning:
- Chief Justice John Marshall, writing the opinion of the Court, established the concept of judicial review.
- The Court declared that it is the duty of the judiciary to interpret the Constitution and determine whether acts of Congress or executive actions are in line with the Constitution.
- The Court found that Section 13 of the Judiciary Act of 1789, which granted the Supreme Court the power to issue writs of mandamus, exceeded the Court’s constitutional authority. Therefore, it was deemed void.
Impact:
- Marbury v. Madison established the principle of judicial review, giving the Supreme Court the power to review and invalidate laws and actions that are unconstitutional.
- It solidified the Court’s position as the ultimate interpreter of the Constitution, balancing the powers among the three branches of government.
