What are the 5 processes involved with the function of the U.S Gov?
- Federalism
- Separation of Power
- Checks and Balances
- Bill to Law
- Judicial Review
How has the Judicial Branch changed from what the framers specified?
In 1803, the precedent was set that the Judicial Branch had power over all laws (federal too, which wasn’t specified in the Con).
What is the significance of Marbury v Madison?
Marbury v Madison set the precedent that the Supreme Court could now declare all laws, federal laws included, as unconstitutional and therefore void.
What were the events of Marbury v Madison?
- Current Prez Adams promised Marbury a job near the end of his term
- Jefferson then won the election and didn’t give Marbury his job
- Marbury went to the Supreme Court on the basis of the Judiciary Act of 1789 to argue his case
- Chief Justice Marshall agreed with his case but said Marbury shouldn’t even be here because the Supreme Court doesn’t have original jurisdiction
- Chief Justice Marshall declared the Judiciary Act of 1789 unconstitutional and therefore void
- Marbury did not get his job
What year was Marbury v Madison? What year was the Judiciary Act signed?
M v M - 1803
Jud Act - 1789
How did Chief Justice Marshall justify his decision?
By saying that the Supreme Court has to evaluate federal acts because if they’re unconstitutional, the will of the people will be violated. And that this is part of checks and balances and therefore is defense against tyranny.
