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10 Cards in this Set
- Front
- Back
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What was Hamilton's view of the independence of the Courts of Justice in the Federalist 78? |
is essential in a limited constitution |
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In Federalist 78 how did Hamilton define and argue in favor of Judicial Review? |
He declared that the courts should have the power to overturn unconstitutional acts of Congress and the interpretation of laws is the proper and peculiar province of the courts |
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What was the ruling of the Supreme Court in Marbury vs. Madison? |
the Supreme Court's power to exercise judicial review over congressional laws |
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What statement did Chief Justice John Marshall make about the Constitution being the Supreme Law of the Land |
the Constitution is the superior and paramount law of the land |
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John P. Roche argues that Judicial Self-Restraint has been... |
used by the judiciary to avoid unequal political combat |
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John P. Roche states that the power of the Supreme Court to invade the political decision-making arena is the result of... |
the lack of cohesive political majorities on many issues of public policy |
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According to John P. Roche how does the Supreme Court exercise Judicial Self-Restraint? |
applying the doctrine of political questions, proclaiming its inexpertise in certain matters concerning administrative action, andlimiting its jurisdiction |
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According to Brennan, limits upon an imperial judiciary include... |
the case and controversy rule, public opinion, and lack of judicial enforcement power |
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What is Brennan's opinion of the court responsibility in making social, political, and economic decisions |
It doesn't have the responsibility. |
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According to Brennan, what are the important limitations upon the power of the Supreme Court? |
its inability to initiate action and the requirement that it base its decision upon a record made by the parties to a case |
