CRJU202 Lecture Notes - Lecture 4: Political Question, Appellate Jurisdiction, Personal Jurisdiction
21 Nov 2017
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Jefferson, meaning he was the person refusing to deliver the judge paperwork: marbury wants the court to tell james madison to hand over the paperwork so marbury could be a judge. Marshall knew that jefferson would not listen to this order: constitution explains what cases the court has original jurisdiction followed by appellate jurisdiction. Constitution versus federal statute: article vi: supremacy clause, us constitution, us laws, us treaties are the supreme law of the land. Increased us supreme court power: judicial review: the ability to identify any act unconstitutional if it violates the constitution (the most important power of the court, limitations (the court created its own limitations) The court is a responsive institution - the court doesn"t go out to get cases, the cases need to be brought to the court. If the case is not brought to them first, the court cannot do anything. The court can"t decide a case if it doesn"t have jurisdiction.
