PS 308 Study Guide - Midterm Guide: Federalist No. 78, United States Constitutional Law, Life Tenure
15 Feb 2018
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Will provide definition, you have to come up with the term/answer (no term bank) ex) (cid:3247)this case established judicial review(cid:3248) answer marbury v madison. Midnight judges term that historians gave to these type of judges. Doesn"t deliver commissions, so marbury sues him in the supreme court. Judiciary act gives scotus original jurisdiction to hear cases like these. Marshall (same justice that didn"t deliver commissions in the first place) Decides marbury has a right to his commission, but that scotus doesn"t have original jurisdiction, because the judiciary act is unconstitutional. First time the court used the power of judicial review. Marshall able to make a power grab at giving the court judicial review, in a way that the other branches would accept it. Basically, give judicial review, or accept defeat and pay out the commissions. Federalist papers and british common law is where the idea of judicial review comes from. Has to rely on the other branches.
