POL 1 Lecture Notes - Lecture 11: Roger B. Taney, Mandamus, Jury Instructions
Document Summary
Retired into the judiciary as a strong hold and from that battery all the works for. Republicanism are to be beaten down and erased by fraudulent use of the constitution. Pol- lecture 11: chapter 9- the federal judiciary (sage/ cqpress. com) Setting the stage: according to jefferson and his supporters, the federalists had: Stuart v. lard on march 2, 1803, the court ruled: congress did have the authority to recognize the judiciary, federalist barricade dismantled but marshal had not caved in. Likely they would be ignored; not a good outcome for an already weak court: if he ruled against marbury he would appear to be bending the will of the democratic- Republicans and confirming the court"s subordinate position in marbury, marshall found a solution. Three eras of the court: trends in judicial activism coincide with three distinct issue eras in the court"s history, nation versus state authority, government regulation of the economy, civil rights and liberties.