Briefly describe 2 Supreme Court cases and explain how they illustrate the Constitutional Review function of the Court (15 marks) Judicial review is the power of the Supreme Court to declare acts of Congress‚ or actions of the executive-or acts or actions of state governments-unconstitutional and therefore null and void. This power is not mentioned in the Constitution but it is said that the Supreme Court ‘found’ the power for itself in the 1803 case of Marbury v Madison which was the first case
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national and state share power and derive authority from the people. While they each share certain powers‚ each type of government is supreme in some cases. Over the years‚ federalism has certainly changed because more ideas have been proposed‚ but ultimately it has centralized the meaning for the better. In order of importance‚ the Marshall Supreme Court Decisions ranks number one. This began when the state of Maryland attempted to impede operation of a branch of the Second Bank of the United
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Personally‚ I agree with the Supreme Court’s decision in the landmark case of R. v. Dyment. Particularly‚ with La Forest J. commentary it provided on the importance of privacy: “…society has come to realize that privacy is at the heart of liberty in modern state…Grounded in man’s physical and moral autonomy privacy is essential for the well being of the individual. For this reason alone‚ it is worthy of constitutional protection‚ but it also has profound significance for the public order. The restraints
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Caselist Marbury v. Madison SO WHAT? This formed the basis for the exercise of judicial review in the United States under Article III of the Constitution. The landmark decision helped define the boundary between the constitutionally separate executive and judicial branches of the American form of government. PROBLEM? Johns Adams was about to stop being president so he tries to do a whole lot and appoints a bunch of justices of the peace (one of them was Marbury). James Madison refused to give
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Question : One should always use a capital “C” for “court.” Student Answer: True False Comments: Question 2. Question : When the U.S. Supreme Court‚ in its discretion‚ decides to take a case‚ it is said that the Court has: Student Answer: acted in conference certified the case granted certiorari acted en banc Comments: Question 3. Question : Any case decided by the highest court in a state may be reviewed by the U.S. Supreme Court. Student Answer: True False Comments:
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The Supreme Court of the United States is the highest court of the land. “Supreme Court decisions help shape the law of the land” (Winter‚ 2009). The Supreme Court of the United States is composed of 9 Justices. The United States Supreme Court ensures that the President of the United States‚ Congress‚ and state governments are adhering to the articles of the United States Constitution. “The Supreme Court has original‚ or trial‚ jurisdiction only in rare instances (set forth in Article III‚ Section2
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The Supreme Court has had to rule on issues regarding Presidential immunity in a few cases. Three specifically have helped to set the precedent for how the court would interpret another case brought before the court. In Mississippi v. Johnson the ruling decided whether a president can have an injunction placed on him/her based on the carrying out of their executive duties. Next‚ in the case of Nixon v. Fitzgerald the court ruled on whether a president can be personally sued for decisions they
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The United States Supreme Court is the highest federal court to decide the outcome of cases from lower courts. All decisions and outcomes of the case are final‚ but the case must go through proper channels before going to the Supreme Court. The United States Supreme Court has the authority to overturn‚ question‚ and investigate cases that were decided in lower courts. Researchers stated that the President of the United States has the authority to nominate a potential candidate with the advice and
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case at the Supreme Court level it must be a case worth the argument to continue it. The Supreme Court is the highest court that a case can reach and doesn’t give the decision of the case but gives an opinion on what they believe is right and the lower court from which it came from decides what happens to the case. The Supreme Court deals with the highest level of cases and is the only court listed in the constitution (Federal Court Concepts). The Supreme Court is known for decisions in landmark
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Supreme Court Justice Sonia Maria Sotomayor 1954 – Justice Sotomayor was nominated by President Barack Obama to the Supreme Court on May 26‚ 2009. A vacancy became open upon the retirement of Justice Souter. If her nomination and approval by the Senate is approved‚ she would become the 111th Justice of the Supreme Court of the United States. Her confirmation hearing by the Senate did not go without controversy. Justice Sotomayor gave a speech at the University of California‚ Berkeley
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