Day 5 9-19 - Power of Judicial review Not in constitution...

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Power of Judicial review Not in constitution Asserted in Marbury v Madison o Thomas Jefferson elected president in 1800 (anti-fed) o Outgoing president (fed) appoints Marbury and like 70 other people o However, they aren’t all delivered at the time and new sec of st Madison refuses to appoint Marbury o Marbury sues on basis of 1789 law that gives suprime court original jurisdiction to issue to writs o Ruling 1789 law is unconstitutional because constitution had already given supreme court power original jurisdiction So Marbury does not get his position – sacrificed for a stronger court So now supreme court has the power to declare things unconstitutional Supreme court has since ruled 1200 state laws and 150 fed laws unconstitutional Civil Rights… If you Can Take Them A. Historical Lack of Equality 1. Civil rights = equal protection and access under law 2. Constitution is silent on the idea of many civil rights, especially slavery Now mentioned in the writing How reps shall be appointed – 3/5 th law instead for all other people (not free or Indian) – obvious who they were speaking of but they wouldn’t say it They purposely avoided the issue so it could achieve ratification at a later time Benjamin Franklin called a debate in congress and they decided to do nothing o Huge implications for American History 1860s – north blockaded the south, England almost joined the south o The English workers pushed policies that they should not help the slave states and infact that they should push for the North to win 3. Barriers to fundamental form of participation Constitution: states set qualifications to vote
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This note was uploaded on 12/05/2011 for the course ENGINEERIN 131 taught by Professor Cytron during the Spring '11 term at Washington University in St. Louis.

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Day 5 9-19 - Power of Judicial review Not in constitution...

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