General Background Flashcards
WHO interprets the Constitution = Marbury v. Madison
Holding: Art. 3, Sec. 2, Cl. 12 means that there are 2 mutually exclusive spheres of Supreme Court Jx.
(1) enumerated classes of cases where JX is original (ambassadors, public Ministers, consuls, State shall be Party) original JX may neither be limited nor enlarged
(2) In all other types of cases, SC’s JX can only be appellate, NOT original, an may be limited by Congress
- SC can exert judicial review over Legislation AND
- SOME executive powers
- - REVIEWABLE: Ministerial Acts: the executive officer is: (i) directed by law to perform certain acts AND (ii) the rights of individuals depend on the performance of those action
- - NOT REVIEWABLE: Political acts: executive officer executing the constitutionally invested discretion of pres. Ex. Appointments or policy preferences
Why no Judicial Review? Covered by electoral review
