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The Marshall Court 10-7

The Marshall Court 10-7 - The Marshall Court Judicial...

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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
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The Marshall Court 10-7 - The Marshall Court Judicial...

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