Ch9Notes - Chapter 9: The Federal Judiciary Setting the...

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Chapter 9: The Federal Judiciary Setting the Stage for Judicial Review Judiciary Act of 1801 Increased number of district and appeal courts and gave Adams a ton of midnight appointments John Marshall new Chief Justice Commisions withdrawn by Jefferson Power of Court not yet used or asserted to be respected and followed Stuart v. Laird Congress has right to reogranize the judiciary Marbury asked for writ of mandamus Judicial instruction to a government officer to perform his duty Marbury v. Madison Court lacked authority to compel the commissions' delivery Court had right to judicial review Couldn't hear case since a part of the Judiciary Act of 1789 was unconstitutional Amounts of laws deemed unconstitutional increased as the years progressed Three Eras of the Court Nation v. State Court favored national authority Judicial review applied to states as well McCulloch v. Maryland Power to tax involves the power to destroy State can't tax federal property National government is supreme Dred Scott v. Sandford Roger Taney chief justice Led court away from Marshall's tendencies Activism Missouri Compromise unconstitutional since it limited self-government and private property Escaped slaves had to be returned to owners Overturned eventually by the Civil War After 1860 striking down of local laws increases due to enforcement of civil rights amendments Regulating the National Economy Civil War to 1930s Primacy of Property Rights Protect railroads and businesses from regulation Invoked due process clause with corporations as “persons” However upheld prohibitions against the sale of alcohol and sometimes if “public interest” was at stake Lochner v. New York Couldn't restrict number of hours a baker could work However 3 years later upheld one limiting women's hours in Oregon
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1920s more conservative on economic issues
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This note was uploaded on 01/31/2012 for the course POLS 1105H taught by Professor Schatzinger during the Fall '07 term at University of Georgia Athens.

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Ch9Notes - Chapter 9: The Federal Judiciary Setting the...

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