JOURN 4000 1st Edition Lecture 3 Outline of Last Lecture I Overview of US law II First Amendment models Outline of Current Lecture I Marbury vs Madison Current Lecture Marbury vs Madison 1803 Judicial review John Adams President on his way out James Madison new Sec of State Thomas Jefferson incoming president Marbury Adam s nominee for Justice of the Peace in D C John Marshall Adam s Sec of State soon to be Chief Justice Marbury s commission was signed sealed never delivered Writ of Mandamus order a public official to perform their duty The question does the Supreme Court have the power to issue the writ No Jurisdiction Constitution says Supreme Court has original jurisdiction in only two cases 1 Cases affecting ambassadors 2 When a state is a party In all other cases the Supreme Court has appellate jurisdiction Jurisdiction means power to hear a case These notes represent a detailed interpretation of the professor s lecture GradeBuddy is best used as a supplement to your own notes not as a substitute Courts must have jurisdiction over 1 The subject matter 2 The person Supreme Court declared law repugnant to Constitution is void Heavy influences in Marbury were Lock and Blackstone
View Full Document
Unlocking...