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Lecture 9

PLS100 Lecture 9

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Political Science
PLS 100
All Professors

Chapter 9: The Judiciary Judicial Review *Authority to rule acts of Congress unconstitutional *Marbury v. Madison (1803) -Jefferson withdrew appointments -Federalists asked for writ of mandamus -Judiciary Act -Dilemma for court -Ruling: Court’s hands are tied; Judiciary Act was unconstitutional -Court asserts authority *Implied power derived from Article III and Article VI -Courts determine applicable law in any case -Constitution is “supreme law of the land” -Judges bound to support Constitution *Conflict with Constitution = law is unenforceable Issue Eras *Nation vs. State -McCulloch v. Maryland -Dred Scott v. Sandford *Regulation of Economy -Property rights -Great Depression -Commerce free of government intervention *Civil Rights and Liberties -Individual and government Fourth Era? *Court as chief referee -Acts as disinterested 3rd party *Limiting restrictions on states *Administration of national policy *Extension of bureaucracy? Structure *Supreme Court only mentioned specifically by Constitution *Congress filled out the rest in Judiciary Act of 1789 *Jurisdiction: authorization to hear certain types of cases -“Federal questions” -Citizens of different states *District Courts (94) -Criminal cases -Indictments by local US attorney *Courts of Appeal (circuits) -167 judges -Review decisions by district courts *Supreme Court is court of final appeal -2 jurisdictions 1. Appellate: appealed from lower levels 2. Original *Acts as the trial court *Pertains to all cases: -affecting ambassadors, other public ministers and consuls -in which a state is a party *Only 160 cases heard Limits of Internal Control *Life tenure -Insulates courts from public opinion, other branches of government, and from each other *Can’t distribute cases to lower courts *Enforcing implementation of decisions *If a lower court ignores a Supreme Court directive: -Hear the case again -Rebuke lower court judge -Writ of mandamus -Assign to different court *All are costly (time, monitoring) *Reverse lower court decisions when it dis
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