JOURN 4000 1st Edition Lecture 3Outline of Last LectureI. Overview of US lawII. First Amendment modelsOutline of Current LectureI. Marbury vs. MadisonCurrent LectureMarbury 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? NoJurisdiction:-Constitution says Supreme Court has “original jurisdiction” in only two cases:1. Cases affecting ambassadors2. When a state is a party-In all other cases, the Supreme Court has appellate jurisdiction-Jurisdiction means power to hear a caseThese 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 matter2. The person-Supreme Court declared “law repugnant to Constitution is void”-Heavy influences in Marbury were Lock and
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