Review Sheet - 2nd Exam - Spring 2008 (incl Marbury - activism)

Review Sheet - 2nd Exam - Spring 2008 (incl Marbury - activism)

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Case Law/Concept Review Sheet: PSC 2302, 2 nd Exam Note: Cases listed below are the ones most likely to be on the exam. The material on this sheet is not the only material that will be on the exam; however, most of the case law questions will come from the cases listed below. Case Law Outline Judicial Review [from the “first exam” materials] Hylton v. US (1796), p. 105. First actual instance of the supreme court ruling on the constitutionality of a federal law Upheld a statute levying a federal tax on horse-drawn carriages Would have been more significantly remembered if they had overturned the law Marbury vs. Madison (1803) , p. 106 Significant for 3 reasons: First time that the court overturned an act of congress thus setting up Judicial Review It is established that the original jurisdiction of the court is established on constitutional rather than legislative grounds. Provided a very effective instrument to monitor state legislation and actions. Martin v. Hunter’s Lessee (1816), p. 105. Presented the first important challenge to the court’s right to review state court decisions under its appellate jurisdiction. Had tremendous implications for the right of the supreme court to review state court rulings because they over turned Virginia’s law SEPARATION OF POWERS (Chapters 5 and 6) Presidential Treaty-making Power / appointment power Goldwater v. Carter, p. 126. Barry Goldwater filed suit against president carter with 24 other members of congress because he terminated the treaty with Taiwan without any approval Court chose to refuse to hear the case thus leaving a “twighlight zone” Missouri v. Holland, p. 124. Missouri tried to say that a treaty was unconstitutional because it violated states rights. Issue regarding bird migration Court held that federal laws supercede state laws and federal treaties are superior to federal laws Presidential Power in Foreign Affairs affecting American Private Property US v. Curtis-Wright Corporation p.133 C.W. Corp. tried to say that president Roosevelt had overstepped his bounds by placing an embargo on the sale of firearms to Bolivia and Paraguay. Supreme court ruled with a 7 member majority that the president had the power to do
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This test prep was uploaded on 04/15/2008 for the course PSC 101 taught by Professor Thomas during the Spring '08 term at Baylor.

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Review Sheet - 2nd Exam - Spring 2008 (incl Marbury - activism)

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