POLS 3123 Lecture Notes - Lecture 3: Political Question, Mandamus
31 Jan 2017
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Madison was refusing to hand over the letters telling the people about their new jobs, so marbury"s lawyer issued a writ of mandamus. Supreme ct was suspended for 2 years, so the case lasted from 1801-1803. Federalist - person who believes in a strong national government. Did not want to serve under jefferson, who had never served in a war. Had a vision of a court that was non-political, and did not approve of what adams had done appointing all of the federalists that he did. In the past, judges were either appointed by the king or by the legislature, so they were partisan. Political question doctrine - there are certain powers of the president that are purely political - book, page 49. Political character" within constitutional power of president - as commander in chief. Basically means - the courts will not deal with it.
