1 / 1

The Constitution and the Court

jett
Télécharger la présentation

The Constitution and the Court

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

    1. The Constitution and the Court Judicial Review Historical/Philosophical Sources English Common Law Tradition, Sir Edward Coke Natural Law, John Lock The American Legal Tradition & the irony of Jefferson v. Marshall Marbury v. Madison, 1803. Marshalls decision, Jeffersons response. Judge John B. Gibsons 1825 decision in Eakin v. Raub Judicial review is a userpation of legislative power. Courts should only engage in statutory interpretation, maintain the equality that exists among the 3 branches of government under the separation of powers/checks and balances system, and leave change up to the people. Wallace on judicial restraint Champions interpretivism; rejects imposition of judicial will, values, political model of judicial decisionmaking. Slotnick judicial review is a pragmatic response to the American experience.

More Related