Political Science Pol Sci 3403 Lecture Notes - Lecture 6: Appellate Jurisdiction, Article Three Of The United States Constitution, Mandamus
12 Jun 2016
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It"s essentially the property of marbury can"t deny a person of their property right. a. ii. There has to be a remedy because we are a country of laws, not men. Not even the king/president is above the law. Marshall quickly backs off and makes a key distinction a. ii. 2. between things the executive does that are discretionary/political vs. things that are ministerial. The courts will only intervene in ministerial matters. Courts get to decide what type of case it is. Marshall begins to lay out the competencies of the different branches who"s domain is what marshall gets to decide if what the president does is ministerial or discretionary. Courts oversee the president jefferson hates that now a. ii. 4. the court has the power to check him seems like marshall is being humble, but in reality is being very forceful a. iii. If they do afford him a remedy, is it a mandamus issuing from this court? a. iii. 1.
