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Unformatted text preview: Government is limited to those powers and those functions which are actually enumerated or authorized in the Constitution l. Hamilton- “Loose” or “Broad” Interpretation of the Constitution In the Constitution, there are 1) Enumerated powers and also 2) Implied powers June 26, 2007 Class Notes: Adams (Federalist) Jefferson (Democratic-Republican) I. Marbury v. Madison (1803) Q: What did Marbury want Supreme Court to do? A: He wanted the court to issue an order (writ of mandamus) to James Madison, requiring Madison to do his duty and to produce and deliver the missing commission to Marbury. Q: Did the Supreme Court, in an original case, have the authority to issue writs of orders to government officials. Did the court actually have that authority? A: Yes: 1) Federal law (See 13 of Judiciary Act of 1789) No: 2) Constitution of the U.S. The answer is NO! The law apparently giving that power no longer exists....
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- Summer '07
- Separation of Powers, Supreme Court of the United States