Con Law Outline Essay

12296 Words Jun 16th, 2011 50 Pages

1. The Supreme Court's Authority and Role * Judicial Review * ROL→ Congress may neither restrict nor enlarge the Supreme Court’s original jurisdiction. * Marbury v. Madison * →Established Judicial Review. Court Held that a writ of mandamus to deliver a commission made by John Adams fell under the Sup. Court's appellate jurisdiction and therefore could not be brought in that court originally under Art. III b/c it is repugnant to the Constitution * →Supreme Court Authority to Review State Court Judgments * ROL→ The United States appellate power also extends to REVIEW state court judgments * →Judiciary Act
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* Cooper v. Aaron * →Gov. of Ark. refused to obey a Supreme Court order to integrate schools after deciding Brown v. Board of Education. The State legislature had amended its constitution to oppose desegregation. Court held that the Brown decision was binding upon the states and they were required to comply with the integration order despite being repugnant to Arkansas state laws * ROL→ Article V provides that Congress can initiate an amendment to the Constitution and the amendment process can be used to overturn a constitutional interpretation of the Supreme Court * Dickerson v. United States (Remember this case from Crim Pro where congress tries to overrule Miranda!!) * →Held that Congress cannot legislatively supersede Supreme Court decisions interpreting and applying the U.S. Constitution * Political Restraints on the Supreme Court * →Judicial Selection: Nomination and Confirmation Process * Art. II § 2, cl. 2 provides that the appointment of Justices will not be effective unless the President obtains the "Advice and Consent of the Senate" * →Impeachment * Art. III, § 1 confers presumptive life tenure * Art. II, § 4 provides that any officer of the United States, including judges, may be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors * →Court

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