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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 -A federation is a union of states -States do not give up their own sovereignty -Taxation supports the army -balance of power- -absolute power corrupts fed v state Central govt 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 govt Three categories IDiscussion of the Supreme Court and other federal courts IIGovernmental bodies created by the constitution AStruggle between Federal v Federal BStruggle between Federal v State IIIStruggles between the Govt state andor federal v Individual IDiscussion 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 IIGovernmental bodies created by the constitution AStruggle between Federal v Federal MARBURY v MADISON power grab or seizure of power by Marshall for the ct 1788-the const was ratified GW 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 cant issue mandamus -It is a ministerial mandatory duty of delivering the commission Marshall goes further as to
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