Selected Poems From Professor V.'s Poetic Journey Through Supreme Court History

Poems & Explanations written by James Michael Valenti, Esquire- Monroe Community College, Rochester, New York
Copyright 1997, 2000, 2001 All Rights Reserved.



"Ode to Marbury vs. Madison" (1803)

The old man passed out candy
as the clock of time struck twelve
Its flavor sweet as brandy
its recipients would not dwell
The new man stole its savor
For it was not his own
The Judge stood in the middle
The old coop he had flown
The judge said "eat the candy"
But dare not to enjoy
For it was not his flavor
But was when just a boy

This poem illustrates the three central figures of Marbury v. Madison : outgoing President John Adams; newly elected President Thomas Jefferson; and Chief Justice John Marshall.

The case established judicial review, the right of the judiciary to decide the constitutionality of the acts of the other branches. It involved the appointment of Justices of the Peace by Adams.

They were appointed as Adams left office.

There are allusions to Federalist v. Republican ideologies. Marshall and the Court ruled that Marbury had the right to the commission but came to the wrong Court to get it.

Marshall was in the middle because he had signed the commissions as Sec. of State under Adams but then later went on to become the Chief Justice of the U. S. Supreme Court.

Lewis Fisher and Neal Devins, The Political Dynamics of Constitutional Law (St. Paul: West Publishing Co., 1996) p. 11.



"High Crimes and Misdemeanors" (1805)

Woe unto those
Who Chase a man from his seat
Little did they know
They'd go down in defeat
Jefferson's own party
failed to win
And never in history
Did it happen again
Chase's own deeds
produced an uproar
But the U. S. Senate
Wouldn't show him the door

Associate Justice Samuel Chase was the first and only High Court Justice to be impeached.

However, the U. S. Senate did not remove him. An impeachment is the bringing of charges by the House of Representatives. The Senate decides removal. Chase had become involved in political issues while sitting on the Court. The acquittal helped solidify all future members of the High Court.

Kermit Hall Oxford Companion To The Supreme Court of the United States ( New York: Oxford University Press, 1992) p 138.



"Nine Players"(1869)

Seven members were fine
'Till 1869
Go up then down
From 10-7
But this act gave us nine

There were seven justices of the U. S. Supreme Court until Judiciary Act of 1869. The numbers have changed sometimes for political reasons.

Witt, Congressional Quarterly's Guide to the U. S. Supreme Court, at 758.



"May I Have Your Attention"

If four of nine
will lend an ear
An issue gray
will soon be clear

The U. S. Supreme Court hears cases at the Court's discretion. Four Justices must agree to hear a case before they will accept it. This is known as granting certiorari. The Court often times take cases where the issue(s) have been decided in diverse ways by various lower courts-both state and federal.

Hall, The Oxford Companion to the Supreme Court of the United States, supra, at 747.