pols 155 notes 10-31-07

pols 155 notes 10-31-07 - 1. Judicial review power to...

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1. Judicial review – power to determine an act by a president or law passed by congress is constitutional a. Marbury v. Madison 1803 i. Allowed judicial review ii. Most important case in Supreme court history iii. Case involved a question about a law congress had passed (Judiciary act of 1789) 1. Adams appointed William Marbury to supreme court 2. Marbury’s appointment was denied because Adams’ presidency was over at time of appointment and Madison didn’t deliver the appointment ? ? 3. Marbury claimed he had a right to this appointment (judiciary act of 1789) 4. Provision in act said supreme court could order an executive to do something 5. Marbury said the court should order Madison to deliver his appointment and Marbury should become a judge 6. Supreme court decided against marbury 7. “Marbury should have perhaps gotten his appointment, however for the congress to pass a law that grants the court a right to do something is unconstitutional.” 8. First time the supreme court ruled a portion of a law passed by
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pols 155 notes 10-31-07 - 1. Judicial review power to...

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