*Judicial Review

Question 1

1) Marbury v Madison:

Answer 1

SC can strike down laws/acts by Exec/legis that are uncon’l (power of judicial review)

a) F: undelivered court commissions; writ of mandamus–>Judiciary Act giving jur’n uncon’l; SC didn’t have original jur’n to force Ex to deliver commissions
b) Counter-majoritarian Difficulty = SC is undemocratic

Question 2

Judicial Supremacy?

i) View 1: departmentalist:

Answer 2

each branch has authority to enforce Con. according to its interpretation; SC decisions solely binding on parties to suit

Question 3

Judicial Supremacy?

ii) View 2: judicial supremacy:

Answer 3

JR binding on other branches (Marbury); Con. is what USSC says it is

Question 4

(1) Cooper v Aaron:

Answer 4

AR decided not to desegregate after Brown claiming not binding on states = unlawful

Question 5

(2) U.S. v Windsor:

Answer 5

DOJ believed DOMA was uncon; enforced it so Court could strike downExec’s decision of uncon’lity doesn’t deprive SC jur’n (dissent: no controversy – if Ex says it is uncon let it stand)

Question 6

(a) Martin v Hunter’s lessee

Answer 6

SC decision binding on state courts

(i) VA ct: uncon’l to bind st. courts to SC decisionsst courts are subject to USSC decision

Question 7

(b) Cohens v VA:

Answer 7

expanded Martin to st criminal cases