ConLaw Midterm Study Guide

ConLaw Midterm Study Guide - Tyler O'Reilly Federalist#78...

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Tyler O’Reilly Federalist #78 Hamilton Written to back up and justify the set up of the judiciary in the propose const. Says judiciary is the weakest branch Has neither purse nor sword Congress controls money and executive the military Judiciary alone is not a threat, but can be if it forms a union with either branch Examines the mode of appointing judges, tenure they hold, and distribution of authority between courts People are superior to judiciary and legislature and should be main concern of gov’t Federalist #84 o Hamilton o Presents the idea that the bill of rights was not necessary for the constitution o The const originally did not list or protect the rights of the people o Many Americans (federalists) opposed, fearing these would later be interpreted as the only rights the people had. o Bill of rights, according to Madison, are not only necessary but would also be dangerous. o The const. itself is a bill of rights itself o Ex post facto laws and suspension of habeas corpus are instruments of tyranny o Bill of rights would allow gov’t to claim more than granted The Supreme Court, Judicial Review, and Constitutional Politics o Defines judicial review as the power of the SC to consider and overturn any congressional and state legislature or other official governmental action deemed inconsistent with the const, bill of rights, or federal law o Judicial review one of the greatest and most controversial contributions of the const to law o Chisholm v. Georgia- citizens of one state could sue another state (overturned by 11 th Amendment) o Jefferson said each distinct department should interpret the constitution for itself without regard for the others o Chief Justice Marshall provided justification for judicial review in Marbury v. Madison o Court called itself the ultimate interpreter of const. in Baker v. Carr o Only after 1937 did court begin to be a guardian for civil liberties and rights Storing: The Constitution and the Bill of Rights o Madison pressed for Bill of Rights after originally disagreeing with one
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o Reasons: wanted to thwart a general convention which might threaten the const. and in order to thwart the attempt of restructuring and taking away powers of congress which Anti-federalists wanted to do o Amendments didn’t really change anything, just reassured doubters o Madison designed Bill of Rights himself to maintain the framework of the const. o
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ConLaw Midterm Study Guide - Tyler O'Reilly Federalist#78...

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