Professional Documents
Culture Documents
Judicial Review- The power of federal courts to void acts of congress in conflict with the constitution.
Writ of mandamus legal order compelling madison to show cause why he should not recieve.
Original jurisdiction -- the power to bring cases directly to the Supreme Court
Jurisdiction
State court can make decisons on federal law/federal questions as long as there are some state issues
combined.
Federal Court have jurisdiction because the case deals with a treaty
Since the SC let is go through the state courts they are the final word.
State court judges are also not in as good of position to have an independent decision on these issues.
How did the case arrive here, arguemts for both sides
Cooper v. Aaron
US Supreme Court The supreme court in annoyed.
State offical that continually violated cositutional law can be held to damages and therefore this would get very costly
for the states. Basically if the state legislature continues to do this there will be damages.
Does this expand the power of Supreme Court from Marbury? The argument is that this case expands their power and
makes these court decison cases binding on non-parties to the case.
Note Case
Dickerson v. United States and Miranda v.s Congress
Legislative act cannot be inconsisten with a constitutional. Scalia was saying that this violates an interpretation of the
constitution. It is inconsitent with what we already said so therefore it is invalid.
Checks
Amending the constituion