POL 10100 Lecture Notes - Lecture 34: Class Action, Employment Discrimination, Plea Bargain
6 Dec 2016
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Document Summary
Judicial review not originally granted in the constitution. More independent than other branches: tenured judges. Judiciary act of 1789- lays out details of the supreme court: determines size. 13 district courts with 1 judge each. Circuit court(appeals) 2 supreme court judges and 1 district judge. Chief justice john marshall: establish judicial review, midnight appointments- made last minute by the adams administration to keep control of the supreme court. Marbury sues for his supreme court position. Court rules that he should get the position but did not have the power to order it. Writs of mandamus- given by the judiciary act: orders to federal office holder. The courts: federal court jurisdiction as defined in article iii. Jurisdiction over cases where a state government is one of the parties. Dual federalism- federal and state governments have distinct non overlapping. Rarely used: supreme court has struck down about 170 of national laws.
