This is an extract of our The Supreme Court’s Authority And Role document, which we sell as part of our Constitutional Law Outlines collection written by the top tier of Oklahoma City University School Of Law students.
The following is a more accessble plain text extract of the PDF sample above, taken from our Constitutional Law Outlines. Due to the challenges of extracting text from PDFs, it will have odd formatting:
The Supreme Court's Authority and Role Section 1. The Power of Judicial Review Marbury v. Madison The Authority of the Supreme Court's Judicial Review of Acts done by other gov. bodies is a case by case matter which depends on the nature of the act in question The Ct.'s job/duty is to decide on the rights of individuals, not to inquire how the exec or congress perform their duties in which they have a discretion. Political natured questions or questions that by the constitution and reserved to the other branches are NOT REVIEWABLE (A political act is one by which its very nature is one of discretion) No legislative act contrary to the written or implied constitution can be valid and it can be reviewed by the Court. The Court was designed to be an intermediary between the people and their elected officials. The interpretation of the law is the "proper and peculiar province of the courts" Absent a const. amend the written language of Const. can't be trumped Marshall used canons of construc. And Art. III to grant sup ct. original jurisdiction not just appellate.
Section 2. Supreme Court Authority to Review State Court Judgments Martin v. Hunter's Lessee
SS25 of Judiciary Act of 1789 provides Supreme Court review of final decisions of the highest State Courts "it is the case and not the court that gives jurisdiction" State and state judges are bound by the constitution NEVER SAY THAT THE POWER COULD BE ABUSED, this isn't an argument
Section 3. Judicial Exclusivity in Constitutional Interpretation Cooper v. Aaron
Buy the full version of these notes or essay plans and more in our Constitutional Law Outlines.