BUS 207 Lecture Notes - Lecture 2: Legal Realism, Legal Positivism, Subject-Matter Jurisdiction
Document Summary
Court decided they have the ability to decide if a law is constitutional or not after the marbury v. madison case. Natural law: human beings should have inherent rights and laws should reflect those principles. Legal positivism: the laws are created by the government are the highest laws. Philosophies of jurisprudence (aka just means judicial philosophy) Historical school - same as strict constructionists/originalists. Go back to what the law meant at the time (the legislative intent at the time) Chief justice john marshall, most famous statement regarding legal. Believe we can take the meaning of the constitution and figure out how it fits in society. For the most part, supreme court justices have voted on free speech issues according to their political affiliations. Hobby lobby - part of the affordable healthcare act (aka obamacare) requires employers to pay for birth control. The judicial branch (courts) was established by article iii of the constitution.
