constitutional Law

             Two foundations of our government, the Declaration of Independence and the Constitution.
             -Individual rights from God, give up some liberty to the state.
             -States do not give up their own sovereignty.
             -absolute power corrupts. fed. v. state
             Central gov't of seperated powers, the three branches of limited and separate power.
             1st Attempt, the Articles of Confederation. The constitution protects individuals from the government, places restrictions on the gov't.
             I Discussion of the Supreme Court and other federal courts.
             II Governmental bodies created by the constitution
             A. Struggle between Federal v. Federal
             B. Struggle between Federal v. State
             III Struggles between the Gov't (state and/or federal) v. Individual
             I Discussion of the Supreme Court and other federal courts.
             Article III – creates the Supreme Court.
             Article I – creates the Congress
             The president nominates the judges and Congress approves the nomination. Life tenure for federal judges.
             Congress decides how many justices on the federal court. The Supreme Court divides its authority between original and appellate jurisdiction.
             II Governmental bodies created by the constitution
             A. Struggle between Federal v. Federal
             MARBURY v. MADISON (power grab or seizure of power by Marshall for the ct.)
             1788-the const. was ratified. G.W. brought in a Federalist Congress and judges for 8 years. Adams and Marshall kept the Federalists alive in the Judiciary.
             -Jefferson issued and executive order to Madison not to deliver the Commission for justice of the peace to Marbury.
             -Marbury wants writ of mandamus from supreme ct.
             Is this a proper case for the issue of a writ of mandamus? Yes.- A federal officer is refusing to perform a mandatory duty (not a discretionary duty-in which the court can't issue mandamus).
             -It is a ministerial, mandatory duty of delivering the commission. Marshall goes further as to wheth...

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