Supreme Ct. 11-6

Supreme Ct. 11-6 - The court might think about the other...

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The court might think about the other branches because the Constitution provides incentives for each branch to think about the others In Marbury v. Madison we can look at Marshall and Jefferson Possible outcomes—Marshall’s preference order o Jefferson acts unilaterally 2 o Jefferson complies with the Court 4 o Jefferson defies the Court 0 o The Court supports Jefferson 1 o The Court strikes down the Judiciary Act 3 Possible outcomes—Jefferson’s preference order o Jefferson acts unilaterally 1 o Jefferson complies with the Court 0 o Jefferson defies the court 3 o The Court supports Jefferson 4 o The Court strikes down the Judiciary Act 2 Outcome: o Jefferson does not deliver the commission, and Marshall chooses judicial review over Congress o Both Jefferson and Marshall get their best possible result under the circumstances o Neither one can improve by changing his strategy Do we see strategic behavior in Marbury v. Madison o Yes by both Marshall and Jefferson o Marshall wanted judicial review of Congress and President
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This note was uploaded on 09/22/2008 for the course POLO 202 taught by Professor Mcguire during the Spring '08 term at UNC.

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Supreme Ct. 11-6 - The court might think about the other...

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