2/4: philosophy of con law

describe the levels of the state courts system

district → intermediate court of appeals → nevada supreme court

describe the levels of the federal courts system

district → 9th circuit of appeals → SCOTUS

what did montesquieu argue for?

separation of powers (legislative, executive, judicial)

how did rousseau and locke define “all legislative powers”?

• rousseau: general will of the people

• locke: individual rights

who is in control of forming the supreme court?

the constitution

who is in charge of forming the inferior courts?

congress

whose idea was it to give the justices life tenure?

hamilton (fed 78-79)

describe article III, section 2, paragraph 1

• grants original jurisdiction in certain cases

• grants power of judicial review to SCOTUS

name and describe the case that gave them judicial review

marbury v madison

• when jefferson became president, adams tried to pack the court with midnight appointments so he’ll still be in power after his term, left on his desk

• madison saw them, told jefferson, and he said nah ignore them

• congress passed judiciary act, which allowed those who were wronged by the court to go straight to SCOTUS instead of starting in the district courts

• marbury was one of the midnight appointments that never got passed, sued the government for not getting his position, went to SCOTUS

• would’ve gotten the position if he started with the district courts, but they just deemed the judiciary act unconstitutional because it allowed congress to give powers to SCOTUS, which goes against the constitution