Term
|
Definition
- conflict of interest: Marbury (F) was appointed last minute as justice of the peace by Adams (F): Thomas Jefferson administration (Repub)/his secretary of state Madison refused to honor commissions that were not delivered until after Adams' administration. Justice Marshall is also F
- no remedy for Marbury: Article III(2)(2)- no original jxn
- writ of mandamus is not enumerated; judicary act of 1789 (which stated that SCOTUS could issue mandamus to persons holding office) is thereby unconstitutional
- judicial review: power grab (rules against his own party)
- nowhere in the constitution
|
|
|
Term
two difficulties of judicial review |
|
Definition
- intertemporal
- what best expresses will of the ppl, 18th century document or democratically elected congress?
- countermajoritarian (CMJ)
- judges not directly accountable to consituents
- transparency (Marshalls solution to CMJ)
- mechanical and textual approach
- transparent because opinions concerning these approaches are published
|
|
|
Term
Martin v. Hunter's Lesee (1868) |
|
Definition
- F: land dispute (US treatise- Martin v. Hunter- received land from virginia gov.)
- Virgina refused SCOTUS ruling to grant land to Martin, saying Judicary Act 25 (which granted scotus appellate jxn to state orders concerning the const., was unconstutional- because: const. is silent on controlling state gov., only allowed to act upon people)
- Justice Story:
- "it's the case, not the court that grants jxn"
- state power is not absolute, already limited by const (power to coin money...etc.)
|
|
|
Term
Three reasons for SCOTUS appelate jxn over state court decisions (hunter, justice story) |
|
Definition
- uniformity of decisions on constitutional matters
- const. rights should not very state by state
- state jealousies:interstate conflict --> disdain for federal laws, thus federal judges should have oversight of federal laws
- forum shopping; to protect interests of people from forum shopping plaintiffs
|
|
|
Term
Three Sources of Judical Decisions |
|
Definition
- the text itself and its original understanding
- structural approaches: reinforcement or improvement of democratic processes
- natural law and rights: philosophical arguments about natural rights
|
|
|
Term
District of Columbia v. Heller (2008) |
|
Definition
F: Washington DC statute prohibited possession of handguns at home
Scalia, maj: 2nd amendment- individual right to bear arms (not collective right only provided to military)
- operative clause: "rights of the people"- all members of the political community, not just militia
- analysis of history: English history showed the 2nd amendment just codified a pre-existing right
- prefatory clause- introduction to operative clause; treated as background
- "well regulated milita"- property trained. all males.
|
|
|
Term
critical tool for interpreting the const.
-originalism- |
|
Definition
defference to public understanding at the time of enactment
reasons: concepts change, such as firearms, which have evolved rapidly with the growth of technology- important to preserve original understanding |
|
|
Term
McCullough v. Marlyand (1819) |
|
Definition
F: Mc- cashier at federal bank; Federal bank was a very contentious issue, and many states (Maryland) opposed it by issuing state taxes
Maryland A: 1) federal bank not ennumerated 2) "necessary and proper" = absolutely necessary 3) const. was negotiated by states, who afforded the fed gov. their rights
Marshall A:
- Historical: people, not the states, ratified the const. ("glorified meeting hall for convenience") -- Fed gov's primary relationship is with the people & bank was decided after fed gov. heard all of states objections
- Textual: "necessary" is broader- convenient or useful
- Structural: a) supremacy clause... b) no vice versa representation: fed gov. has no representation in state legislature, where as state reps make up fed gov.
- Consequentialist: power to tax is power to destroy
- threatens the existence of the fed. gov.
|
|
|
Term
Marshall's textual analysis of "necessary and proper" (Maryland v. Mcculough) |
|
Definition
1. necessary = essential, not confined to just that thing
2. degrees of necessity- another clause “absolute necessity”
3. narrow interpretation deprives Congress of their role to exercise reason and accommodate legislation to circumstances
4. buzzword: beneficial exercise
|
|
|
Term
Calder v. Bull (1798) [natural law] |
|
Definition
NL: the idea that there are universal moral principles, that are shared across all socieities, that don't necessary emanate from any legal text but should govern and trump any written law/legislative act
Justice Chase: even if the act does not exceed the fed. govs. ennumerated powers, if it contradicts these principles, such as general welfare, it is an abuse of powers.
Justice Iredells: what's written governs- the purpose of a written constitution is to define with precision the objects of the legislative power, and to restrain its excersise with marked and settled boundaries. |
|
|
Term
5 Methods of Political Control over SCOTUS |
|
Definition
- constitutional amendments:that overrule SC decisions
- power to appoint: executive branch appoints justices
- impeachment: justices can be removed from office
- life tenure: executive appointments --> lasting influence
- informal mechanisms: hesitance in making decisions that part from the mainstream, because they don't want to lose legitimacy in public opinion
|
|
|
Term
Marshall's two arguments for judicial review (Marbury) |
|
Definition
- the constitution is the supreme law of the land and must be upheld
- to turn a blind eye toward the constitution and only review issues of law is a dishonor to the constitution
|
|
|
Term
Ex parte McCardle (habeas corpus/reconstruction era)
1869 |
|
Definition
Facts: McCardle (M) imprisoned by the military tribunals, enacted by C's reconstruction powers following the civil war. M appealed the constitutionality of C's reconstruction powers/military tribunals for state citizens through Habeas Corpus Act 1867(HCA): allowed for appeal to federal court/ scotus if punishment of party was unconstitutional
- SC granted certiorari, C, afraid that its reconstruction powers would be taken away by SC, repealed a portion of the HCA which thereby limited SC's appellate jxn
Chase, maj: while Article III(2) grants enummerated original jxn to SC- that cannot be altered by C (Marbury), appellate jxn under the "exceptions" clause ("SC shall have appellate jxn over all other cases, law and fact, with such exceptions, and under such regulations as C shall make")
- Broad reading: C has plenary control over SC appellate jxn
- Narrower reading: C can only restrict certain avenues, but cannot block subject matter entirely (McCardle could have still brough an original petition of certiorari)- and, voiding all routes would violate M's 14th amendment right to due process
|
|
|