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Political Science 1101 Federal Judiciary Notes

Political Science 1101 Federal Judiciary Notes - The...

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Unformatted text preview: The Federal Judiciary 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 the case Marbury v. Madison (1803) Marbury v. Madison- In 1800, Adams (Federalist) runs and loses election to Jefferson (Democratic Republican). The Federalists lose power in Congress. Adams attempts to pack the federal judiciary with as many federalists as possible before he is out of office and the Federalist majority senate approves them. John Marshall (Secretary of State) delivered these appointments but not all of them were delivered on time. Marbury didn’t receive his appointment. Jefferson’s new secretary of state Madison does not continue to pass out these appointments. Marbury tries to appeal to the Supreme Court to get his appointment. The Chief Justice presiding over this case is John Marshall (same John Marshall) - 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. (This choice would make the courts seem weak…even though this is probably what should have happened) o Court denies Marbury his appointment and sides with Jefferson o Decision : The Court declares a portion of the Judiciary Act of 1789 unconstitutional—first use of judicial review • Questions of original jurisdiction (which level of courts a case needs to start at) • The Constitution only gives the Supreme Court original jurisdiction in the very limited areas: o A case between two or more states o A case between the U.S. and a state o A case between a state and citizens of another state or foreign aliens (foreign citizens) o A case involving ambassadors, other public ministers, consuls, or...
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Political Science 1101 Federal Judiciary Notes - The...

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