Lecture 3-8-2007

Lecture 3-8-2007 - Political Science 104 - Intro to...

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Political Science 104 - Intro to American Government Lecture March 8, 2007 The Power of Judicial Review Article III says nothing about the power to review the constitutionality of acts of Congress or the President The Supreme Court assumed that power in 1803 ( Marbury v. Madison ): it is "the province and duty of the judicial department to saw what the law is" Judiciary is intentionally insulated from majority opinion Article III Text Section 1. The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office. The "Least Dangerous Branch?" Court’s ultimate power balanced by Lack of enforcement mechanism Need for cases to be brought to it Inability (in theory) to mandate policy Bush vs. Gore (2000 Presidential election case) Critics: Republican Justices handed the presidency to Bush Courts and Legitimacy Courts have no enforcement mechanism, so must rely on public acceptance (legitimacy) of rulings Harsher version: attitudinal model of decision making
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Impact? Text: 2 "judicial revolutions"
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This note was uploaded on 05/05/2008 for the course POLI SCI 104 taught by Professor Professor during the Spring '05 term at Wisconsin.

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Lecture 3-8-2007 - Political Science 104 - Intro to...

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