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Establishing the Judiciary

Establishing the Judiciary. Wilson 16A. Objective Questions. Who Governs?. To What Ends?. Why should federal courts be able to declare laws unconstitutional? Should federal judges only interpret existing laws or should they be able to create new laws?.

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Establishing the Judiciary

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  1. Establishing the Judiciary Wilson 16A

  2. Objective Questions Who Governs? To What Ends? Why should federal courts be able to declare laws unconstitutional? Should federal judges only interpret existing laws or should they be able to create new laws? • Why should federal judges serve for life? • How does the make up of the Court influence jurisprudence?

  3. Judicial Review • Right to rule a law or action unconstitutional • Need independent judges • Hamilton – Federalist 78 • Great Britain • Appointment and tenure • Jurisprudence • Traditional • Activist • Originalist • Krytocracy – rule by judges

  4. Evolution of the courts • National supremacy and slavery • Marbury v. Madison • McCulloch v. Maryland • Dred Scot v. Sanford • Government and the economy • Plessy v. Ferguson • Schenck v. US • Political liberty – Brown v. BEO-Topeka • State sovereignty – Roe v. Wade

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