CL.9 - Slaughterhouse case Gitlow 14th and 5th Amendment...

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Slaughterhouse case Gitlow 14 th and 5 th Amendment Critique of Marbury v. Madison. Jurisdiction should’ve always been decided first. Questionable as to Marshall’s involvement with the case Confusion as to whether section 13 actually means that the court has original jurisdiction over write of mandamus, instead it is it’s own special section of non-original or appellate jurisdiction. While the Constitution is the supreme law of the land, that doesn’t mean it can’t go ahead and pass laws that are repugnant to it and that it court should be the one to strike it down? Even under Marshall’s logic that article 13 contracts the Constitution, the Constitution doesn’t explicitly say that Congress can’t be the one to changing its jurisdiction and adding onto its original jurisdiction With judicial review, it hinders the interpretation of the other branches of the Constitution The branches can check themselves and giving the judiciary final interpretation is not right Boundaries of Judicial Review: Interview with Justice Powell (1979)
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CL.9 - Slaughterhouse case Gitlow 14th and 5th Amendment...

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