Federalism 9/11/13

1. Federalism 9/11/13 Law 10

2. Three Branches of Government

3. Can anything be made into law? What stops the legislature and executive branch from making laws that impose on your rights?

4. What do we take for granted? Right to Privacy Right to Free Speech No indentured servitude The process of the Federal Gov’t - Syria

5. How did the Judicial Branch gain Power?

6. Creating a New National Government • 13 sovereign states • Dissatisfaction with the state governments • Emergence of the Federalist • Constitutional Convention assembled in Philadelphia 1787 • Federalist Era 1781-1801 • George Washington, a Federalist, was elected as the first president.

7. Historic Drama Federalist Republicans • Sedition Act of 1978illegal to “write, print, utter, or publish…any false scandalous and malicious writings…”against the US Govt • 25 people, mostly republicans went to jail • Republicans sweep the election of 1800 • Thomas Jefferson would be the new president. • Republicans would control presidency and congress

8. Judicial Branch up for grabs Federalist • Appoints a new Chief Justice of USSC • Shrank USSC from 5 to 6 • Midnight Judges Act – 16 new federal circuit court judgeships • 42 justices for DC

9. Judicial Branch up for grabs Republicans • Withheld 17 of 42 justices of peace in DC • Repeals shrinking of the court, allowing Jefferson to place a Justice • Abolished 16 circuit court judgeships from one year before. Even though Article 3 of Constitution says federal judges shall “hold their Offices during good Behavior.”

10. Judicial Branch up for grabs Republicans - continued • Abolished 16 circuit court judgeships from one year before. Even though Article 3 of Constitution says federal judges shall “hold their Offices during good Behavior.” • Becomes the first time federal courts right to review validity of Congress had been seriously challenged.

11. Judicial Branch up for grabs Republicans - continued • Canceled the term of the Supreme Court the June 1802 and December 1802 terms. • Final threat to IMPEACH all 6 USSC Justices if the Court declared an act of Congress unconstitutional

12. Judicial Power How • Marburyv. Madison, one of the 17 justices of peace who’s their commission withheld. • Questionable whether the USSC could hear the case, but took it as an appellate rather than original jurisdiction. • Chief J. Marshal said the Exceptions Clause allows Congress to remove cases entirely from Court’s appellate jurisdiction, but it does not permit cases to be moved from the appellate to the original jurisdiction category.

13. Umm, So? • Marburyv. Madison established the principle that the federal judiciary may review the constitutionality of acts of Congress.

14. What about Marbury • His case was dismissed for lack of jurisdiction

15. More importantly than Marbury • Judicial Review-when a court is asked to apply a particular law to the case before it, the court may also look behind the law to determine whether the legislature had the constitutional authority to enact it.