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June 25 Class Notes - Government is limited to those powers...

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June 25, 2007 Class Notes a. Federal System of government b. Republican system of government (not direct democracy) Sovereignty is vested in the people but actual governing is done by governing is done by Representatives of the people c. Some recognition of political democracy d. Hamilton- Federalist Party Jefferson- Democratic- Republican Party (Also known as Jeffersonian Republican Party… Present day Democratic Party) Present day Republican Party formed in 1800s, right before Civil War e. The Federal Constitution has many safeguards against the abuse of power f. Having one document as nation’s Supreme Court. The Constitution trumps the president and Congress. Ex. Congress can not pass a law that sets a national religion because this is in violation of the Constitution. g. Federalist h. Nat. State Govt. Govt. i. Separation of Powers- Checks and Balances I. Executive Branch II. Legislative Branch 1. Senate 2. House of Representatives III. Judicial Branch j. Washington: 1789- 1707 Adams: 1797- 1801 k. Jefferson- “Strict” and “Narrow” Interpretation of the Constitution.
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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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June 25 Class Notes - Government is limited to those powers...

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