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Constitutional Law

Constitutional Law I. Origins of the US Constitution a. Articles of Confederation i. no federal power to tax or regulate commerce ii. no executive or judiciary branch II. Marbury v. Madison ( 1803) a. Facts: i. Marbury (appointed justice of the peace under President Adams Federalist) sought writ of mandamus (court order) compelling President Jefferson s (Republican) Secretary of State, Madison, to deliver his commission b. Holding: i. Supreme Court does not have power to direct the President to deliver commission c.

c. unconventional form of opinion: i. merits placed before jurisdictional decision, so that Marshall can assert that Jefferson’s action was illegal (otherwise, lack of jurisdiction analysis would preclude the discussion) III. Judicial review: power of SC to declare acts of Congress, Executive, and states unconstitutional (state or fed. level) a.

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