Powers of the Federal Judiciary

Powers of the Federal Judiciary - Powers of the Federal...

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Powers of the Federal Judiciary Judicial Review o The power of the Federal courts to declare federal or state laws or actions of the President unconstitutional and invalid o Not specifically mentioned in the Constitution o Established in Marbury vs. Madison (1803) Marbury vs. Madison Created the foundation of the court’s power Case Background The Judiciary was in a very tenuous situation – by far the weakest of the three branches Choices o Court orders the Jefferson Administration to deliver the appointment o Court denies Marbury his appointment and sides with Jefferson Decision o The Court declares that a portion of the Judiciary Act of 1789 is unconstitutional – first use of judicial review Question of original jurisdiction The Constitution only gives the Supreme Court original jurisdiction in the very limited areas A case between two or more states A case between the U.S. and a state A case between a state and citizens of another state or foreign aliens
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This note was uploaded on 05/26/2011 for the course POLS 1101 taught by Professor Cann during the Spring '08 term at UGA.

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Powers of the Federal Judiciary - Powers of the Federal...

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