October 17 - Introduction to American Government October...

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Introduction to American Government October 17, 2008 POLS 1101 The University of Georgia Prof. Anthony Madonna [email protected]
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Administrative Test: Monday – Study! Get in Groups. More difficult test. Same structure. E-Mail with questions – slides will be up after class. Debate/Smith Center Speeches Quick correction – DeFunis NOT Bakke.
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The Federal Judiciary in National Politics How appropriate is it that unelected, life-tenured judges can decide on the constitutionality of acts of Congress? Violates the republican principles of majority rule. Meets the Framers’ broader concerns for balanced political system. But who is to guard the guardian? There are limitations. Constitutional limits. Internal, organizational weaknesses of the judiciary. Various and subtle ways that Congress and the president can redirect judicial doctrine.
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Three Eras of the Court Nation v. State Authority Government Regulation of the Economy. Civil Rights and Liberties
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Marbury v. Madison (1803) The Judiciary Act of 1789: - Establishes federal court structure. 6 Supreme Court Justices. 13 District Courts. 3 Circuit Courts. - Specified jurisdiction: Gives the Supreme Court “original jurisdiction in some areas.
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Marbury v. Madison (1803) Adams isn’t sure to whom, but knows he lost. In the final two weeks of his presidency, he approves 16 additional judgeships. Appoints John Marshall, his Secretary of State and an ardent anti-federalist Chief Justice of the Supreme Court. Democratic Republicans are incensed.
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Marbury v. Madison (1803) The Facts: Marbury is appointed a justice of the peace by Adams – one of the “midnight judges.” His commission was supposed to be delivered by Secretary of State John Marshall, but Marshall was unable to complete all the necessary delivers. Madison – the new Secretary of State – refuses to deliver the commission. As proscribed by the Judiciary Act of 1789 – Marbury petitions the court to issue a writ of mandamus. The Question(s): Who is in the right here? Is there a remedy to Marbury’s problem? Can the Supreme Court issue a writ of mandamus?
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Marbury v. Madison (1803) The Holding: Marshall -> Marbury is in the right. The commission is complete when the seal has been affixed. Withholding the commission is illegal. Further, this is a government of laws – so there is surely a remedy. Finally, the Secretary of State is a federal employee and thus should be someone the Court could issue a writ to under the judiciary act. However, according to the Constitution, the court has appellate jurisdiction. Mandamus writs are not specified as original. Hence, that portion of the judiciary act is “repugnant to the Constitution” and it is void. 4-0 decision.
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The Nation v. State Authority McCulloch v. Maryland (1819) (1) Under the necessary and proper clause, Congress can establish a national bank. . (2) The States can not tax the federal
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This note was uploaded on 09/08/2011 for the course POLS 1105H taught by Professor Schatzinger during the Fall '07 term at University of Georgia Athens.

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October 17 - Introduction to American Government October...

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