SOC 3568 Week 6 Notes
SOC 3568 Week 6 Notes SOC 3568
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This 2 page Class Notes was uploaded by Danielle Notetaker on Tuesday February 23, 2016. The Class Notes belongs to SOC 3568 at University of Utah taught by Larry Bench in Spring 2016. Since its upload, it has received 20 views. For similar materials see Sociology of Law in Sociology at University of Utah.
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Date Created: 02/23/16
Week 6 - Sociology of Law February 17 , 2016 th Marbury v Madison (February 24 , 1803) Landmark case in the United States law that established the principle of Judicial review The Issue o Does the Constitution give the Supreme Court power to invalidate the Actions of Other Branches of Government? When a conflict of this nature occurs which one has precedence – The U.S. Constitution or the Act of Congress Judicial Review o The doctrine under which legislative and executive actions are subject to review by the judiciary. A court with judicial review power may invalidate laws and decisions that are incompatible with a higher authority, such as the terms of a written constitution. Judicial reviewis one of the check and balances in the separation of powers: the power of the judiciary to supervise the legislative and executive branches when the latter exceed their authority o Appeals courts do NOT rule on facts of the case, ONLY the application of law The Players o John Adams 2 president of US appointed John Marshall as Chief Justice of the Supreme Court o Marbury One of the Justices of the Peace appointed in the alst days of the Adams administration. Marbury was among a group whose authorization papers were signed and sealed but not delivered before President Adams left office o Marshall A Supreme Court Justice for over 30 years. Wrote the opinion in Marbury v. Madison in 1803 o Madison Before being elected the fourth President of the US, as Jefferson’s Secretary of State, one of James Madison’s duties was to deliver The Events o 1800 Adams lost re-election to Jefferson o Before leaving, they tried to maintain control of the courts and as many other offices as possible before Jefferson assumed office on March 4, 1801 o Adams appointed 16 new federal court judges and 42 justices of the peace. The Senate confirmed all 16 federal circuit court judges provided for the Judiciary Act of 1801 o On his last night in office he signed and sealed all of the commissions o Document appointing Marbury was signed and sealed but not delivered before Adams left office o Jefferson refused to recognize the appointment because it had not been delivered. Madison was supposed to deliver it o 1803 Supreme Court issued its opinion in Marbury v Madison. Declared that although Marbury had a right to his appointment, the court was unable to enforce that right under the Judiciary Act of 1789 because it conflicted with the Constitution o The case stands for the important concept of judicial review that allows the Supreme Court to overrule acts of Congress if they are unconstitutional Courts don’t make law, the legislative bodies in the nation do Death of Justice Scalia o 9 justices on the Supreme Court o Many decisions go 5 to 4 o Justice Scalia was often o If a decision is made that is 4 to 4 the decision goes to the highest appellate court, or they can put the case on hold to hear when the 9 Justice is appointed o All of the cases that Justice Scalia was working on currently will have his participation thrown out. Those cases will need to be reheard or put on hold
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