exam 2 notes

exam 2 notes - The Marshall Court, Judicial Review and...

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The Marshall Court, Judicial Review and “necessary and proper” BUS 1803-1819 Cultural Context of the Marshall Court 1. Conception of American culture as a new and republican society 2. uneasy sense that the revolutionary generation had passed ( later court) , GW dies and Madison leaves presidency in 1817 (seen as last founding father to be president) 3. Attitudes toward change as either movement toward decay or timelessness of exceptional societies a. People worried that the next generation wasn’t pure enough to carry on the republic i. Some people like puritans saw it as God chose the US to be a strong republic and will always be great ii. But other see governments as having lives and eventually they will decay into anarchy or tyranny How could past could be preserved and exceptionalism made permanent? - Recast the language of the constitution so that the timeless principles could be made applicable to an altered environment - Creation of mechanisms to promote a view of decision-making so that the discretionary features of judging would not be exposed to public society Marbury v. Madision (1803) - Adams parting gift to Jefferson- 58 Govt appointees - Known as the “ midnight judges” o This was because federalists lost congress and the white house o So they tried to buff up the courts before they left the white house - Sec of state Marshall did not deliver all commissions - Jefferson ordered a halt - Marbury ( adams’ appointee) sued
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Marbury v. Madision Politics and Law at their finest - Marshall inherited a weak court – “ least dangerous” branch - If Jefferson refused to comply, Marshall risked further erosion of the Court’s reputation and authority o Proves that the supreme court has no official power - By not ordering the commission delivered the Court would appear politicized cowed by the ascendant Republicans. o i.e. supreme court is still weak if he doesn’t do anything - Conflict of Jurisdiction - Appellate Jurisdiction o Means you have to go to a lower court then you can go to the supreme court - But Original Jurisdiction o Says supreme court could be first courts - Problems was the supreme court doesn’t have a right to original jurisdiction on the Marburry v. Madision case but they act like they do Marshall’s Holding - Says the constitution “The fundamental and paramount law of the nation and consequently. . an act of the legislature repugnant to the constitution is void” - It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases, must of necessity expound and interpret the rule. If two laws conflict with each other, the courts must decide on the operation of each. -
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This note was uploaded on 05/03/2009 for the course HIST 382 taught by Professor Staff during the Spring '08 term at Purdue.

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exam 2 notes - The Marshall Court, Judicial Review and...

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