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Unformatted text preview: Outline - Fall 2002 Constitutional Law 1 - Prof. Ernest Young Aqua = case Red = const. Green = statute, thy, general common law rule GREEN = == = = = = = = PART 1 JUDICIAL REVIEW == == = == = = Unit 1. Judicial Review & Justiciability 1.1. Marbury & the Purpose of a written constitution II. Chronology for Marbury v Madison (1) A. (November 1800 Adams & Federalists lose elections of 1800. Jefferson & Burr tie in electoral votes. B. (February 4, 1801 John Marshall takes office as Chief Justice after being appointed by Adams. Marshall continues to serve as Scty. of State C. (February 13, 1801 Federalist Congress passes the Circuit Courts Act establishing 6 circ. courts w/16 new judges, & reduces Supreme Ct. from 6 to 6 justices. D. (February 17, 1801 House of Reps. breaks electoral deadlock in favor of Jefferson. E. (February 27, 1801 Federalist Congress passes Act creating 42 new justices of Peace in D.C. F. (March 3, 1801 Senate completes confirmation of new J.P.s, but Marshall fails to dlvr all new Justices commissions. G. (March 4, 1801 Jefferson takes office & instructs Madison, the new Scty of State, not to dlvr the commissions. H. (December 21, 1801 new Republican congress repeals Circ.Cts. Act & abolishes courts 1802 term.) I. (February 1803 court hands down its decision in Marbury. 6 days later, it upholds repeal of Circ.Cts. Act against constitutional challenge. Stuart v Laird, 5 US (1 Cranch) 299 1803 II. US Const., Art III, 2 A. Clause 1: Judicial pwr shall extend to all cases in Law & Equity, arising under this Const., laws of US, & treaties made, or which shall be made, under their authority; to all cases affecting Ambassadors, other Public Ministers & Consuls; to all cases of Admiralty & Maritime Jurisdiction; to Controversies between 2 or more states; between a State & Citizens of another states;between citizens of different states; between citizens of the same state claiming lands under grants of different states, & between a state, or the citizens thereof, & foreign states, citizens OR subjects. B. Clause 2: in all cases affecting ambassadors, other public ministers & Consults, & those in which a State shall be a party, Supreme Court shall have original jurisdiction. In all other cases before mentioned, S.Ct. shall have appellate Jurisdiction, both as to Law & Fact, w/such exceptions, & under such regulations as Congress shall make. III. Sec.13 of Judiciary Act of 1789, 1 Stat. 73. A. & be it further enactedS.Ct. shall also have appellate jurisdiction from circ.courts & courts of several states, in cases herein after specialty provided for; & shall have pwr to issue writs of prohibition to dist.cts., when proceeding as courts of admiralty & maritime jurisdiction, & writs of mandamus, in cases warranted by principles & usages of law, to any cts appointed, or persons holding office, under authority of US....
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