POLI 4021 Chapter : Limits On Judicial Power
Document Summary
Limits on judicial power: must be a case and must be a controversy, issued mostly in foreign countries about planned laws outcome, there is no controversy between parties, or parties are merely testing the law. Before a law goes into effect government: barron v baltimore (1833, legal provisions: 5th amendment, takings clause, baltimore. Ordinance: legal question: river with silt, 1) did the state illegally take barron"s property by blocking the, no. The 5th amendment applies only to the federal government and not the states. If the framers had intended for the bill of rights to apply to the states, they would have said so: outcome: case dismissed for lack of jurisdiction. Appealed up to the supreme court and argues that his 5th amendment right to a grand jury was violated. Right to due process should entitle him to a grand jury: legal provisions: 14th amendment, 5th amendment, california.
