CG Chapter 3
Case where Chief Justice Marshall declared that by the Contracts Clause of the U.S. Constitution, Georgia was prohibited from voiding contracts for the transfer of land, even though they were secured through illegal bribery.
Fletcher vs Peck
What did the Federalists hope to accomplish with the Judiciary Act of 1801?
They we trying to stack governmental positions with people that supported their party before Jefferson became president.
What are the three pieces of "founding era" evidence provided to support the notion that the Constitution presumes the concept of judicial review?
A. Federalist No. 78 B. Article V!, Clause 2 C. Judiciary Act of 1789
John Marshall's philosophy of judicial nationalism contained what 4 ideas?
A. Popular Sovereignty- the US Constitution is derived from the American people in a communal sense. The Necessary and Proper Clause (Article I, Section 8).. B. A Supreme National Government- The national government is supreme in all spheres of its authorized activities and it cannot be inhibited by the states. The Supremacy Clause (Article VI). C. The role of the Supreme Court- to interpret authoritatively the Constitution and not the prerogative of Congress, the President or individual states. D. The inherent Flexibility of the Constitution- it is necessary for those interpreting and living under it to treat it as a "living" document that can be accommodated to the changing needs of the American people.
What are the 4 general reasons the text identifies that can explain the development of judicial review in the U.S. system, despite the fact this power isn't explicitly granted in the Constitution?
A. The Framers' Intentions B. Historical Acceptance C. As a counterweight to majority rule D. The continual quest for neutral "1st Principles" by which to resolve controversies and to effect widespread public compliance.
The text says Marbury v. Madison is significant for three reasons. What are these reasons?
A. The decision was the 1st time that the Court overturned an act of Congress on the principle that laws not conforming to the Constitution are null and void. B. The decision clearly held that the original jurisdiction of the Supreme Court is established on constitutional, rather than legislative grounds. C. The decision provided a very effective instrument to monitor state legislation and actions.
extra precautions to ones already put in place. Judicial Review is one of the most important of these precautions. Federalist No. 51
Auxiliary precautions
The judicial philosophy associated with Chief Justice Marshall; articulated in several decisions advancing such principles as popular sovereignty, supremacy of the national government, an authoritative role for the Supreme Court to interpret the Constitution, and the need for flexibility in interpreting that document.
Judicial nationalism
Case where Chief Justice established that the Constitution grants the U.S. Supreme Court jurisdiction and authority over state courts on matters involving federal law. First case to assert ultimate Supreme Court authority over state courts in matters of federal law.
Martin v. Hunter's Lessee
Why is the case Chisholm v. Georgia significant? How (or with what) did the public respond to this case?
The Supreme Court Announced that the Constitution allowed a citizen of one state to sue another state in federal court. This ruling led to the ratification of the 11th Amendment in 1798. It is the only amendment specifically aimed at limiting federal judicial power.
literally, "we command" a court order commanding a public official or government department to do something, particularly as it relates to the official duties of that position or office
Writ of mandamus