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chapter_9-email - Early Politics and the Court 1 As the...

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Early Politics and the Court As the 1800 election neared, a Democratic- Republicans victory for the presidency seemed to be a lock. Result: Jefferson and his VP received the same electoral College votes What happened? In the end the Federalist Congress ratified the nation’s choice. 1
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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. Could John Marshall rule the decision unconstitutional? 2
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Setting the Stage for Judicial Review In 1802, by a 16-15 vote, the Senate voted to repeal the Judiciary Act. Stuart v. Laird (1803) Marbury v. Madison (1803) Responsible for establishing judicial review 3
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Three Eras of the Court Nation versus state authority. Government regulation of the economy. Civil rights and liberties. 4
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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. National bank was established in Maryland State tried to tax it in order to put it out of business What did the Court rule? Congress extended the Court’s judicial review to state laws when they ran counter to national statutes. 5
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Trend Two: Regulating the National Economy By the late nineteenth century a constitutional tradition emerged that shielded business from economic regulation. 14 th Amendment protected business like people Lochner v. New York (1905) 1908: The Court upheld an Oregon statute limiting the workday of female workers.
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