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16 Terms
What is judicial review?
The power of the Supreme Court to strike down laws or actions as unconstitutional.
Is judicial review explicitly stated in the Constitution?
No, it is not explicitly stated.
What established judicial review?
The Supreme Court case Marbury v. Madison (1803) established judicial review.
What was the background of Marbury v. Madison?
In 1800, John Adams lost the presidential election, created new judgeships, but Marbury's commission was never delivered.
What were the legal questions posed by the Court in Marbury v. Madison?
- Does Marbury deserve his commission? Yes. 2. Has it been illegally withheld? Yes. 3. Can the Court order delivery? This was complex.
What did Section 13 of the Judiciary Act of 1789 grant the Supreme Court?
It granted the Supreme Court the power to issue writs of mandamus in cases under its original jurisdiction.
What was the Court's ruling regarding Section 13 of the Judiciary Act?
The Court ruled it unconstitutional for expanding the Court's original jurisdiction beyond what the Constitution allowed.
What was the outcome of Marbury v. Madison?
Marbury did not receive his commission, and the case established the power of judicial review.
What is original jurisdiction?
Cases that must start at the U.S. Supreme Court.
What is appellate jurisdiction?
Cases that reach the Supreme Court only after being appealed from lower courts.
What is the spatial model of policy?
A concept to visualize political preferences on a left-to-right continuum.
What does the status quo (SQ) represent?
The current policy position.
What must happen to change the status quo in policy?
The House, Senate, and President must all agree on a new policy position.
What is an ideal point in the spatial model of policy?
An institution's most preferred policy location on the continuum.
What is an indifference point?
A policy location where an institution is equally satisfied with the SQ or a proposed new policy.
What is a win set?
The range of policy values where an institution can achieve agreement.
