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Constitutional Law Outline.Durchslag

Constitutional Law Outline.Durchslag - Constitutional Law...

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Constitutional Law Outline 6 questions for cases: 1.) What are the issues 2.) What caused the case (What’s so important about the case?) 3.) All Con Law cases begin with some action by the government, what’s the source of authority for that action? 4.) What’s the basis of the claim which constrains that gov’t action? 5.) Which approach is constitutionally better, and why? It’s often difficult to separate politics and law (lawyers have to frame legal questions, not political ones.) The parties involved are different Constitutional questions limit political action/reasons. Issues of power and authority, does the govt have the power/auth. to do the rule they set forth? If not, why not? Where does the authority come from? Where does the court fit into the whole equation? Constitutional law & Supreme Court have sense of history. Marbury v. Madison (1803) John Jay 1 st Chief Justice, John Marshall the 2 nd . Case establishes the role of supreme court. Marbury appointed by Adams to be JOP for DC. Is denied appointment by Jefferson administration since the commission wasn’t delivered by sec. of state under Adams (Marshall). Congress passes statute granting Pres. the authority to appoint JOP / Fed. Judges. Congress gains this power in Article 1, section 8, clause 17-18. Marbury’s lawyers file this case directly to SC for writ of mandeamus (orders civil servant to perform some specific action.) The civil servant in this case (Madison) is the sec. of state under Jefferson. Jefferson refuses to deliver the commission. The new congress (now lead by the republicans) repeals Judiciary act. Where does Marbury get authority to go directly to SC? Judicary Act of 1789. Section 13 codifies SC’s ability to issue writs of mand. Congress granted power to enact Judicary Act under art. III, section 2, clause 2 of the Constitution. Holding in Marbury: P due commission, but since commission no longer exists he’s SOL.
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SC didn’t have the power to order writ since section 13 of Judicary act is unconstitutional. Violates Article 3(2)(2).
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