Article III (Three) of the U.S. Constitution

Summary

In this discussion, Jeffrey Rosen of the National Constitution Center and Walter Isaacson of the Aspen Institute delve into Article III of the U.S. Constitution, exploring the creation of the judiciary and the power of judicial review. They discuss the role of the Supreme Court, the concept of judicial review rooted in English common law, and the historical significance of *Marbury v. Madison* (1803), which solidified the Court's authority to strike down unconstitutional laws. The conversation emphasizes the balance of powers between the three branches of government and the enduring influence of judicial decisions on U.S. governance.

Takeaways

• 😀 The U.S. Constitution established three branches of government: the legislative, executive, and judicial, with the judiciary's power vested in one Supreme Court and inferior courts.
• 😀 Article III of the Constitution outlines the jurisdiction of the judiciary, including cases involving ambassadors, maritime jurisdiction, and disputes between states, but the Supreme Court has broad discretion over the cases it chooses to hear.
• 😀 Alexander Hamilton described the judicial branch as the 'least dangerous' because it lacks the power of the purse (money) or the sword (military force), yet it holds crucial authority in interpreting laws.
• 😀 Judicial review, the power to declare laws unconstitutional, is not explicitly stated in the Constitution, but it has its roots in English common law and was solidified by Hamilton's writings in Federalist 78.
• 😀 The concept of judicial review is based on the idea that the Constitution reflects the will of the people, while ordinary laws represent the will of legislators, and judges must prefer the will of the people when conflicts arise.
• 😀 The Federalist Papers, written by key framers like Madison, Hamilton, and Jay, were instrumental in explaining the Constitution's principles to the public and are important for understanding its original intent.
• 😀 While the words 'judicial review' do not appear in the Constitution, the concept was established through practice, particularly with the landmark case of Marbury v. Madison in 1803.
• 😀 Marbury v. Madison (1803) marked the first time the Supreme Court asserted its power of judicial review, establishing that the Court has the final authority on interpreting the Constitution, even in disputes between other branches of government.
• 😀 In the Marbury v. Madison case, Chief Justice John Marshall found a delicate balance between asserting the judiciary's power and avoiding a direct confrontation with President Jefferson, ultimately strengthening the judiciary's role in the government.
• 😀 The outcome of Marbury v. Madison clarified that, although the judiciary has the power to review laws, the executive branch must still comply with certain aspects of the law, even if the Court cannot enforce them directly.
• 😀 John Marshall's decision in Marbury v. Madison not only resolved a political dispute but also solidified the principle that all three branches of government must agree on the constitutionality of a law before it can take effect.

Q & A

What is the main focus of Article 3 of the U.S. Constitution?

Article 3 of the U.S. Constitution focuses on the establishment of the judiciary, outlining the powers of the Supreme Court and inferior courts, and determining their jurisdiction.

How does Alexander Hamilton describe the judiciary in Federalist 78?

In Federalist 78, Alexander Hamilton describes the judiciary as the 'least dangerous branch' because it lacks the power of the purse (funding) or the sword (military force), making it relatively weaker compared to the executive and legislative branches.

What is judicial review, and how did it originate?

Judicial review is the power of courts to review laws and government actions to determine if they are constitutional. It originates from English common law and was formally established in the U.S. through the case *Marbury v. Madison* (1803), despite not being explicitly mentioned in the Constitution.

Why is *Marbury v. Madison* considered a landmark case in U.S. history?

*Marbury v. Madison* is a landmark case because it established the principle of judicial review, affirming that the judiciary has the authority to invalidate laws or actions that are deemed unconstitutional.

What was the dilemma faced by Chief Justice John Marshall in *Marbury v. Madison*?

John Marshall faced a dilemma in *Marbury v. Madison* because if he ruled in favor of Marbury (who was denied his commission), President Jefferson could ignore the court's decision. However, if Marshall backed down, it would weaken the court's authority. Marshall used judicial review to assert the court's power without directly challenging Jefferson.

What role did The Federalist Papers play in interpreting the Constitution?

The Federalist Papers, written by Madison, Hamilton, and Jay, were key documents that explained the framers' intentions behind the Constitution. They were meant to guide public understanding of the Constitution, and their arguments are still relevant in interpreting its meaning today.

What does the principle of popular sovereignty, as discussed in Federalist 78, imply about judicial review?

The principle of popular sovereignty, as discussed in Federalist 78, implies that judges should uphold the Constitution as the will of the people, even if it means striking down laws passed by elected representatives. This supports the idea that the Constitution holds greater authority than ordinary legislation.

What did Alexander Hamilton argue about the relationship between the Constitution and laws passed by Congress?

Alexander Hamilton argued that when a conflict arises between the Constitution (the will of the people) and laws passed by Congress (the will of representatives), judges should prefer the Constitution, as it represents the ultimate authority.

Why did the framers of the Constitution spend less time on the judiciary compared to Congress and the presidency?

The framers of the Constitution spent less time on the judiciary because they viewed the judiciary as less of a threat to liberty compared to the legislative and executive branches. They were more concerned about balancing power between Congress and the president.

How does *Marbury v. Madison* contribute to the balance of power among the three branches of government?

*Marbury v. Madison* solidified the judiciary as a co-equal branch of government by affirming its power to review and invalidate laws that violate the Constitution. This ensures that no branch can act outside the bounds of the Constitution without being checked by the judiciary.