Poly Sci Chap 9 - Early Politics and the Court As the 1800...

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Early Politics and the Court As the 1800 election neared, a Democratic- Republicans victory for the presidency seemed imminent. Result: Jefferson won the Electoral College vote and took control of Congress. BUT what happened? In the end the Federalist Congress ratified the nation’s choice.
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Setting the Stage for Judicial Review As the Federalists prepared to leave office, they passed the Judiciary Act of 1801. Jefferson: Withdrew a number of appointment commissions that had yet to be delivered to the appointees. Threatened to repeal the Judiciary Act.
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Setting the Stage With repeal of the Judiciary Act imminent, Federalists were encouraging John Marshall to rule the decision unconstitutional. This assumed that the Court had the authority to make such a ruling.
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Setting the Stage In 1802, by a 16-15 vote, the Senate voted to repeal the Judiciary Act. Stuart v. Laird (1803)
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Marbury v. Madison (1803) Marbury and other Federalists who had been denied their justice of the peace commissions nearly two years before had appealed to the Court for redress. Writ of mandamus. What did the ruling say? judicial review
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Three Eras of the Court Nation versus state authority. Government regulation of the economy. Civil rights and liberties.
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Trend One: Nation v. State McCulloch v. Maryland Marshall and his Court maintained that the national government’s legitimacy was both independent of and superior to that of the individual states.
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