3330-001 POLS - Judicial Behavior and the Judicial Process- Notes
The distinction between common law and civil law
The U.S. is more common law system
Common Law- (judge made law) Precedents are decision are made in previous cases which is
called Stare decisis- Adhere to precedents
The next judge should look back at the previous cases and let the old decision stand.
Civil Law system- usually follows a code (civil law system) a set of interlocking rules or
regulations which are to cover all situations.
A pure civil law system, somebody at a high level, says here is all the laws, read the book, all in
one place (rules)
The U.S. is mostly common law but have some elements of civil law.
Marbury v. Madison (1803)
(election of 1800)
(Federalists)
John Adams
John Marshall
(Democratic Republicans)
Thomas Jefferson
James Madison
This is the source of the judicial power.
Relation between John Adams and Thomas Jefferson : in the new terms of government, plenty
of disagreement. (They spent most of their lives fighting each other)
Died on the same day, fourth of july the 50th anniversary.
Final words of John Adams: Jefferson survives
But actually Jefferson had already died earlier that morning.
1796- There is presidential election: first presidential election after George Washington
Adams runs against Jefferson
John Adams becomes the 2nd president of the United States.
Thomas Jefferson becomes vice president because he was the second place in the election
under the original constitution.
When these two got together, 4 years of critizes one another (publicly)
The fight between two political parties.
Federalist passed a bill called alien and sedition act saying if you mock the president then be you
could sent to jail. Except the vice president could be made fun of.
Federalist- elitist
Democratic republicans- grass roots common person.
The popularity of the Federalist drop because they are elitist
But in the election of 1800 Democratic Republicans win the election with Thomas Jefferson
They win almost through the board.
John Adams v. Thomas Jefferson (Jefferson) wins
But John Adams doesnt become vice president
Aaron Burr another Democratic Republicans had same amount of votes, but goes to congress
and Thomas Jefferson wins and Aaron Burr the vice president. He has duel Alexander
Hamilton to death.
Jefferson doesnt become right away. (period until the inauguration)
He didnt become president until March. All these federalist that are swept in congress still work
till march in office.
They decided (federalists) Lame duck president /congress go to work
They dominate the judiciary. Nominate every vacant seat with a judiciary. New judges and
courtships.
This is a death spiral.
John Marshall during these months, become Chief Justice of the United States Supreme Court.
Back in this time this, job was a dead end job.
John marshall wasnt even the first the person to be asked
John Jay said drop dead, (he was the first chief justice) He had quit.
The Supreme Court had no power, The first year, no cases, and for years the S.C. the view was
the bottom of the barrel.
They met at hotel lobbies.
The S.C. got there building until 1936
The Supreme Court was a joke
The framers of the United States, did not create equal branches of government.
They created three branches never equal.
1) Congress/Legislative- most powerful
2) President/Executive
3) Judicial/Supreme Court- Least powerful.