CRM/LAW C122 Lecture Notes - Lecture 2: Federal Common Law, Appellate Jurisdiction, Midnight Judges Act
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John marshall who becomes chief justice as a part of this process. Only the supreme court has the power to do that: this is what judicial review means, marshall caught in a double-blind issuing an order with no enforcement power, or conceding law and legal interpretation. Thus statute should be null and void. Supreme court caught between federalism and republicanism: what is the scope of judicial authority to review the constitutionality of acts of other branches of government, federalist position. Judicial review is an instrument of popular government: each branch have authority in interpreting the constitution, no federal common law authority cannot come into play in the absence of legislation. Roe v wade: ja(cid:374)e roe did(cid:374)"t want the baby, texas law only allowed it to save life. Justice harry blackman and warren berger the state aught not to be telling doctors how to regulate pregnancy.