Lecture14 - Judiciary-student

Lecture14 - Judiciary-student - FederalJudiciary...

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Federal Judiciary Matisoff – POL 1101
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Intro Judicial Review Strict-constructionist Activist Flip-flop of roles?
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Development of Federal Courts Founders probably expected judicial review Probably did not expect major role in public policy General role of judges to find and apply existing law Judiciary least dangerous to individual rights Federalist 78 – Hamilton
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1787 – 1865 – Nation Building; Slavery Preeminence of federal government 1865 – 1937 – Relationship between govt and economy Limits on federal government 1937 – Present – Social Equality, Economic Narrowing economic freedom, enlarging personal freedom
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Marbury v. Madison – 1803 McCulloch v. Maryland 1819 Supreme Court could declare an act of Congress unconstitutional powers granted by Constitution to fed govt flows from the people and should be generously construed: necessary & proper to the attainment of constitutional ends Federal law is supreme over state law, and states cannot tax federal govt activities / enterprises Federal govt right to regulate commerce New York had given Robert Fulton monopoly right to operate steamboats on rivers connecting New York &
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When should the economy be regulated by states, when by federal government
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This note was uploaded on 11/29/2011 for the course MATHEMATIC Math 101 taught by Professor Davis during the Spring '10 term at Central GA Tech.

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Lecture14 - Judiciary-student - FederalJudiciary...

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