COMM 3410 Lecture Notes - Lecture 2: Russ Feingold, Ex Post Facto Law, Supremacy Clause

• School: University of Virginia
• Department: Commerce
• Course: COMM 3410
• Professor: Sherri Moore

Document Summary

Judicial review: created in the us, allows judges to review the laws of our legislators, supremacy clause gave them this right. Marbury v madison 1803: nothing in constitution about who reviews federal law, only reviews states law (supremacy clause, marbury sues because didn"t get his court position. Judiciary act of 1783- if an elected official does not do their job the supreme. Court can give a writ of mandamus to do their job: however it was found not constitutional, so he tells tj he should"ve done it but it"s unconstitutional. Gives power of judicial review over all federal law. Common law (case law: we are in the common law system. Stare decisis: backbone of common law system, requires a judge to decide a case based off referring to prior cases that are similar or the same issues decided by that court or a higher court. The past decision is called a precedent.