concept

Implications of marbury vs mad

The case established the Supreme Court's power of judicial review-its power to determine constitutionality of a governmental action and coequal branches.

1919 Justice oliver holmes SCHENK

The famous ruling of the Schenk v. US case entailed that words are dangerous and in some cases they must be stopped. Particularly in Schenk's case because he was sending out fiery leaflets trying to make the future soldiers resist the draft for war. This limits the ability of our freedom of speech. It's one of the few government rulings to do so and shows that too much freedom would be bad for the country.

explain the modifying effects of the 14th amendment to the constitution..

The modifying effect of the 14th amendment is its due process clause. It basically means that the while the bill of rights are applied against the national government, the states still don't have the right to deny people their natural rights. The role of process of incorporation is involved because that's how the courts decide what the natural rights are.

What was the Founder's rationale for creating a national judiciary?

There were no national courts and no national judiciary. Alexander Hamilton described "the want of a judiciary power as a circumstance, which crowns the defects of the confederation." He also added, "laws are a dead letter without courts to expound and define their true meaning and operation."

When discussing civil liberties and rights, what does the textbook mean when it says that rights are relative not absolute

When the textbook says that rights are relative, not absolute it means that even though many different rights are given to everyone in the United States, no one have the right to do anything he or she so pleases. What it means is that all people have the right to do as they please as long as they do no infringe on the rights of others.