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CASES FOR FEDERALISM American Political System Federalism: is a political system where authority is divided between different levels of gov. - US: relationship between national government and the states. Types of Federalism: The evolution of federalism: - Despite formal wording in the Constitution CASES - Marbury v. Madison 1803 o Doesn’t deal with Federalism specifically but helps to define the power of the US and establishes the power of Judicial review which is not really in the Constitution but kind of implied o This case helps form the basis of Judicial review o What happened was Marbury (appointed by Pres John Adams as justice of the Peace in the District of Columbia but whose commission was not subsequently delivered. Marbury petitioned the Supreme Court to force Secretary of State James Madison to deliver the doc with John Marshall (Chief Justice) denied Marburys petition. Holding that the part of the statue upon which he based his claim was Judiciary Act of 1789 was unconstitutional. Marbury never became at justice and the Court held that it lacked jurisdiction because section 13 of the Judiciary Act passed by Congress in 1789 which authorized the court to issue such a writ (summons) was unconstitutional and thus invalid. - Fletcher v Peck o Takes M v M and makes it appropriate to the states o For the first time the us supreme court declared a Georgia state law unconstitutional o The decision was the first step in establishing the supremacy of the Constitution and federal laws over state gov and laws. o Bribes for legislature for money for land grants Punishment could not be righteous because the grants were all ready sold and put in the market. Supreme court cam in The US constitution DOES MATTER SUPREME ACROSS THE LAND What happened was prices. The Georgia legislature overwhelmingly approved this land grant, known as the Yazoo Land Act of 1795. It was revealed that the Yazoo Land Act sale to private speculators had been approved in return for bribes and after the scandal was exposed voters rejected most of the incumbents in the next election, and the next legislature, reacting to the public outcry, repealed the law and voided transactions made under it. John Peck had purchased
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This note was uploaded on 09/07/2011 for the course ENVD 3114 taught by Professor Pyatt during the Spring '10 term at University of Colorado Denver.

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