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G-February 21 - A-Judicial review and the US Constitution 1...

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February 21, 2011 A-Judicial review and the US Constitution 1- Framers agreed that Impartial Judicial branch was important 2- Created Article 3 of the Constitution a. Creates Supreme Court 3- Congress can create the lower federal courts a. **???***Essentially handle conflicts that arose out of the constitution or out of legislation by Congress 4- Where would this court be positioned in the new Constitutional system 5- What is judicial review? (Origins of judiciary) a. The power of the courts to a.i. Say what the constitution means a.ii. Declare void acts of legislatures and executives b. Judicial supremacy: when the other courts agree that the Court is in charge 6- What were the arguments in favor and against it? 7- What does the Constitution say? 8- Where does Judicial Review come from? 9- States had their own sets of interests and the idea that the Court can overturn acts of the states or Congress was very controversial 10- Alexander Hamilton: a. Courts have a very important role in deciding what the Constitution means, but
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G-February 21 - A-Judicial review and the US Constitution 1...

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