POLS_110_-_Lecture_22

POLS_110_-_Lecture_22 - Yet another insight brought to you...

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Chapter 14: THE COURTS
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The Federalists Vs. The Anti a.k.a. Democ William Marbury James Madison
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Thomas Jefferson John Adams John Marshall
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Questions Before the Court in Marbury v. Madison as Defined by Chief Justice Marshall: Was this a remedy that the Court could issue? – No Reasoning: The Judiciary Act of 1789 which afforded the Court this right enlarged the original jurisdiction of the Court. Did Marbury have a legal right to his commission? – Yes Would a writ of mandamus enforce this right? – Yes
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The ability of the court to declare a law or portion of a law unconstitutional and therefore null and void. Mentioned nowhere in the Constitution. Established by Chief Justice John Marshall in the Marbury vs. Madison decision. He establishes precedent enforcing the “Supremacy Clause” of the Constitution, and names the courts as the final arbiter of what the Constitution and laws mean. “It is, emphatically, the province and duty of the judicial
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This note was uploaded on 04/17/2008 for the course POL unk taught by Professor R.smith during the Spring '08 term at DePauw.

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POLS_110_-_Lecture_22 - Yet another insight brought to you...

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