Chapter 6 Federalist 78 And Marbury V Madison Flashcards
Purpose an author of federalist 78
The author is Alexander Hamilton to advocate for a lifetime appointment during good behavior for the judicial branch
Compared to judicial branch with other two branches
Judicial branch is intended to be the weakest in least dangerous branch
no power over th sword of forces nor will or power over the force only judgment
Describe rationale for lifetime appointments in federal 78
Lifetime appointments are necessary for courts independence
Describes judicial review for federallist78
Constitution is a fundamental law and laws That violate the constitution need to be overturned
Give background for Marbury versus Madison
Adams lost reelection and appointed new judges before leaving office
When Jefferson became president, he ordered that any person who didn’t receive their commission wouldn’t get it
A person who didn’t receive their commission sued
What questions did the Supreme Court have to consider?
Did the person have the right to the position and Could the Supreme Court order that commissions needed to be delivered
How did the Supreme Court rule?
They said the person was entitled of their position, but the court didn’t have the authority to order a writ of mandamus
Why did Supreme Court make this ruling?
They ruled at the part of the judiciary act in 1789 that gave the court a new power that was unconstitutional
How did the ruling in Marbury versus Madison? Strengthen the Supreme Court?
It was the first time judicial review was used to strike down a law that violated the constitution
