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Chapter 14 - Govt Chapter 14 The Courts 1 Constitutional...

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Govt. Chapter 14 The Courts 1. Constitutional Powers a. Say very little about the judicial branch or its relation to the other two branches b. Gives little detail about its responsibilities in the area of constitutional interpretation 2. Power of Judicial Review a. Judicial Review: power of the Supreme Court to declare actions of the other branches unconstitutional i. Not mentioned in the constitution b. Marbury v. Madison i. Marshall claims power of judicial review ii. Marbury demands Madison gives him his commission and Madison refuses iii. Writ of mandamus: court order that forces an official to act iv. Marshall orders Madison to give commission v. Writ of mandamus found to be unconstitutional because it expands the Original Jurisdiction: authority of a court to be the first to hear a particular kind of case – of the Supreme Court c. How Exceptional? i. Many other democracies have adopted the idea of judicial review from the US 1. Europe: this power is lodged in a single constitutional court 3. Constitutional Provisions a. Constitutional Courts: Federal courts created by Congress under the authority of Article III of the Constitution
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Govt. Chapter 14 i. Bottom: 94 federal district courts ii. Middle: 13 courts of appeal iii. Top: Supreme Court b. Legislative Courts: Highly specialized federal courts created by Congress under Article I i. Rule Over 1. Taxes 2. Patents 3. Maritime Law ii. Must serve “during good behavior” iii. Can’t reduce salaries of federal judges iv. Federal court matters 1. Constitution 2. Federal Statures and Treaties 3. Admiralty and Maritime Issues 4. Controversies in which the US government is a party 5. Disputes between the states 6. Disputes between a state and a citizen of another state 7. Disputes between a state and foreign states or citizens 4. Federal District Courts a. One of 94 district courts with original jurisdiction b. Either: i. Grand Jury: Groups of citizens who decide whether there is sufficient evidence to bring an indictment against accused persons ii.
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