A government is a central power of a region, in which a group of people is ruled or directed.
Thomas Hobbs, in his book Leviathan, believed people were fundamentally bad, meaning a government is needed to create order and ensure that the rights of everyone are respected at all times.
Jean-Jacques Rousseau expanded upon the ideals developed by Hobbs, he developed the idea of social contract, we give up the lesser rights so that our more important rights are protected at all times.
John Locke would call these important rights natural rights - life, liberty, and the pursuit of happiness
There are three well-known types of government: monarchy, oligarchy, and popular sovereignty.
Both monarchy and oligarchy are dependent on the mindset of either a single person (monarchy) or a small group of people (oligarchy), meaning corruption can easily occur.
Popular Sovereignty, on the other hand, is ruled by the people; this is the type of government the US government would adopt.
Republicanism, a notion that believes the government should be ruled by a select few individuals, who are picked by the people, was developed by Montesquieu.
People do not lose their say in the government, rather their decisions are more summarized and easier to vocalize - the indirect rule by the people.
To make sure a government does not overstep its authority the government is limited; these limitations are called limiting government.
Natural rights, social contract, popular sovereignty, and limited government are the foundations of the Declaration of Independence and the US Constitution.
Definition
Democracy is a system of government in which the whole or a select few people rule
Democracy has three versions…
Pluralist Democracy, in which, the government is run by many different groups with different ideas.
Elite Democracy, in which, the government is run by a select few who have immense power or wealth.
Participatory Democracy, in which, the government is run directly by the people.
The US government is a democratic republic run by all three versions of democracy.
Chapter 2-Articles of Confederation
The Articles of Confederation (AoC), a document that served as the original constitution for the US during and for some time after the Revolutionary War, was weak, to say the least
The nation had only one branch - a unicameral legislative branch - no executive and judicial branches, meaning no checks and balances.
The national government could not tax, meaning the nation lacked the ability to repay its debts to foreign powers, thus, foreign powers lacked faith in the young nation - which led the nation to rarely receive foreign support.
Additionally, the AoC made sure that the national government could not establish or maintain any army of their own - a nation with no army?
The national government relied on the states for joint defense and to provide money.
Shay’s Rebellion, a rebellion led by indebted veterans of the Revolutionary War, would finally enlighten the nation that a new Constitution was required.
Chapter 3-Ratification of the Constitution
The Constitutional Convention, a meeting held so that the AoC can either be amended or recreated, was a response to the Shays’ Rebellion
The AoC was weak, the national government could not levy taxes, procure its own army and navy, and the confederation of states led to the nation becoming a “league of friendship” rather than a unified nation.
Each state, thus, sent delegates to discuss the amending of the Constitution, however, some delegates traveled to the Convention seeking a recreation of the entire AoC
Eventually, the delegates decided to throw out the AoC and start an entirely new Constitution
The convention first debated how the legislative branch would function…
The Virginia Plan favored a bicameral legislature where the population number plays a defining role in determining the number of representatives in each state
The Lower House was voted directly by the people and, in turn, these representatives would vote the Upper House representatives into power
However, the issue was, the states with a larger population would overpower the states with a smaller population.
The New Jersey Plan, however, favored a unicameral legislature where every state had one vote, thus allowing an equal voice for every state
However, this meant the 700,000 people in Virginia had less power than the 60,000 people in Delaware.
The smaller the population the more power the people in x state had compared to the people from a larger populous state
The Great Compromise combined the ideals of the New Jersey and Virginia Plans and created a bicameral legislature
The House of Representatives, or the lower house, would be voted in by the people and the number of representatives was determined by the population of each state.
The Senate, or the upper house, would be voted in by the representatives of the House and every state had an equal voice (2 votes per state)
The convention then tackled the issue of how the president would be voted into power
The compromise created the Electoral College, the educated individuals who vote the president into power.
The people of every state would vote for which president they favored, then a body of electors would be chosen to vote the president into power.
The number of electors per state would be equal to the number of senators and House of Representatives per state - in other words, the population would determine the number of votes x state gets (all states got at least 2 votes).
But if the number of representatives in the House was due to the population number, then states with many slaves would have a larger say in governance..
Thus, the Three-Fifths Compromise stated that for every five slaves, only three would be counted and added to the total population of a state.
Additionally, the convention led to the Gentlemen’s Agreement (1788), in which the international importation of slaves would be ended in 1808.
The framers were embarrassed that the practice of slavery had not ended by now, however, the framers knew that if the Constitution were to pass then slavery must continue (the word slavery is never found in the Constitution).
Chapter 4-Federalists and Anti-Federalists
Although the convention only lasted 116 days, the convention was far from simple
Quickly two factions developed…
Federalists - pro-Constitutionalists, who wanted to get rid of the AoC and make a new Constitution - would write a series of essays known as the Federalist Papers to bring the US population to back their ideals.
Anti-Federalists - anti-Constitutionalists, who wanted to only amend the AoC - also wrote a series of essays known as the Anti-Federalist Papers, however, the Anti-Federalists were less organized.
Brutus No. 1, a document drafted by an unknown anti-federalist, highlighted the beliefs of the anti-federalists
The author also wanted a smaller republic so that the chances of tyranny are lowered and was not in favor of pluralist and elite democracy - instead they favored participatory democracy.
The author believed pluralist democracy would lead the nation to be indecisive due to the many factions that could develop. (REMEMBER FACTIONS)
Additionally, he saw elite democracy as giving certain citizens the ability to become corrupt.
Federalist No. 10, on the other hand, was a document that highlighted the beliefs of Madison - the author - and his fellow Federalists (remember “mischief of factions”)
Madison favored elite democracy and a pluralist democracy - however, he disliked the ideal of participatory democracy.
An elite democracy would allow the more educated to choose the responses to every issue, leading to a better resolution
A pluralistic democracy would allow the resolutions to be more astute because for a resolution to be established the factions must first agree - this inadvertently leads to all avenues of an issue to be explored
A participatory democracy, in Madison’s mind, was both impractical and straight-up a dumb idea, because the uneducated populous can not distinguish between a good candidate and a bad candidate (“mobocracy”).
Madison also favored a larger republic so that more people could be represented
ex:/ the trans community is small - in a small republic there is a smaller chance for a supporter to arise, however, in a larger republic there is a larger chance of a supporter to arise
Chapter 6-Checks on the Government
Separation of Powers is a notion that separates the government into three branches so that the powers of one branch do not come into conflict with the powers of another
Federalist No. 51, a document written by Madison, details the reason for the separation of powers and the checks and balances of each branch.
The checks and balances is a notion where each branch puts “checks” on the other two branches so that there is always a “balance”.
One such check and balance is the power of the legislative branch to impeach the president…
Impeachment is a series of steps…
First, a president is accused of performing an illegal action
This accusation is then brought before the House for them to either indict (a more formal accusation) or declare the original accusation false - needs a majority vote
If indicted, the president is sent before the senate for them to either convict or acquit the president - needs a 2/3rds vote (for conviction)
If convicted, the president will be removed from office and never allowed to hold any position of power in the United States ever again
The conviction does not arrest the president!!!!
Three presidents have been indicted by the House, but all three were acquitted by the Senate
Johnson was accused and then indicted for violating the Tenure of Office Act, in which Johnson fired his secretary of war, Johnson was acquitted by only one vote
Clinton was accused and then indicted for obstructing justice and perjury (he lied about having sex), both of these charges were acquitted by the senate
Trump, the only president to be impeached twice, was accused and then indicted for tampering with the elections of 2016 & 2020, both of which he was acquitted
The Necessary and Proper Clause, which is also called the elastic clause, establishes the implied powers… which allows the national government to establish laws that are necessary and proper for carrying out the constitutionally protected functions of the national government
Due to this clause, the national government has been able to gain more and more power over the states
For example, the national government has the power to run the postal service, but for this to occur the federal government needs mailmen…so the national government is granted the power to hire mailmen meaning the power to hire mailmen is only a national power (this power is not directly listed in the Constitution, rather it is implied)
Chapter 7-Federalism
Federalism - literally meaning “treaty” - is a system of governing in which power is shared between the national government and its many subdivisions
Due to federalism, three types of powers developed: enumerated (power of the national), reserved (power of the states), and concurrent (power of both the states and national).
Due to grants, a sum of money given to the states by the national government, the national government has slowly been gaining more power…
Categorical Grants are money given to states for specific purposes - for example, giving money to a state to add more stop signs or traffic lights.
Block Grants are money given to states for a more broad purpose - for example, giving money to a state to improve the electrical system, the state government can use the money for anything related to improving the electrical system
Mandates, a required quota for every state to reach for them to receive federal aid - for example, the government can pass a law requiring all states to have a certain age requirement for drinking and driving…if a state refuses to comply then the state will have no federal aid to keep their roads up to date (they are sort of forced).
The Commerce Clause allows the national government to oversee interstate and foreign trade and commerce
Due to this clause, the national government has been able to gain more power, using the elastic clause…because the national government can logically say anything can disrupt interstate or foreign commerce
ex:/ speeding can lead to crashes which can slow commerce between states… so the national government has the right to police state roads
Reserved powers were defined through the amendments…
It was first mentioned in the 9th Amendment - establishing a notion that any right the national government is not specifically granted through the constitution will be given to the people
The 10th amendment directly defines and establishes the reserved powers - establishing a notion that any power the national government is not specifically granted through the constitution will be given to the state governments (or rather “reserved” to the states)
The Fourteenth Amendment, however, weakened the reserved powers and required each state to put the rights of the people before the powers of the states (people rights > state power)
Maryland taxed the Second Bank of the United States which is unconstitutional because the state does not have the right to tax the national government because supremacy clause: federal laws outweigh state laws
McCulloch v Maryland (1819)
McCulloch v Maryland (1819), established that Congress had the power to create a national bank because they have the power to levy taxes and regulate commerce, and to do these acts they need a bank and so the necessary and proper clause - additionally, federal law outweighs state law because supremacy clause
Maryland said the national government could not establish a bank, because it’s not specifically mentioned in the Constitution
This is wrong because the commerce clause is harmed if there is no bank so the necessary and proper clause comes into effect (a bank is implied, no bank means no commerce)
Meaning it increased the power of the national government (anti-decentralization)
United States v Lopez (1995)
United States v Lopez (1995), established that Congress cannot overstep its bounds of power using the commerce clause
Lopez brought a gun into a school zone - which breaks state AND federal laws - supremacy clause means Lopez broke ONLY a federal law so he was brought before federal courts instead of state courts
SCOTUS found Lopez innocent because this was a criminal offense, not federal - in other words, he was innocent because guns in schools are illegal, but it's not a federal offense!!!.
Meaning it decreased the power of the national government (pro-decentralization)
Public Policy
Public Policy is a process in which a day-to-day problem is combatted
Agenda setting (issue) →policy formulation (solution) →policy legitimization (making sure people support your solution) →policy implementation (performing solution) → policy evaluation (making sure the solution worked and does not cause new problems)
ex:/ an autistic child lives in a house in some town and he is known for running on the street (agenda setting) →add a sign warning drivers (policy formulation) →hold a town meeting to present the solution (policy legitimization) →add sign (policy implementation) → make sure sign is noticed by drivers (policy evaluation)
Chapter 8-Legislative Branch
Congress, Latin for “to come together,” is a bicameral legislature composed of a lower house (House of Reps) with 435 members and the upper house (Senate) with 100 members
The Senate is designed to represent the states equally, while the House is designed to represent the people equally
The House has a two-year term, while the Senate has a six-year term - meaning the members from the House have to appeal more to their constituents
However, the people care more about who their senator is than who their representative is, and so, House positions can be relatively “safe”.
The Senate was mainly built to put a “check” on the larger House where the framers believed most of the legislation would occur
House members are required to be at least 25 years of age, live within the district they wish to represent for at least 7 years, and be a native of the US
The Senators are required to be at least 30 years of age, live within the state they wish to represent for at least 9 years, and be a native of the US
A bill, a draft of a law that is presented before Congress for discussion, can be drafted by anyone but introduced ONLY by congress members (this rule is the same for presidents as well)
A bill is drafted by ANY person and then introduced, ONLY, by a member of Congress
The bill is then sent to a committee relating to the bill - which then sends it to a subcommittee of their committee.
The bill is voted in the subcommittee…if passed, it moves up to the committee, if passed again, it's sent up toward the chamber where the bill was first introduced
If the first chamber passes the bill, the next chamber then votes on the bill, and if both chambers pass the bill, the bill is sent to the president
If the president chooses to veto the bill, the bill is sent back to the original chamber for a 2/3rds vote to be passed…if passed with 2/3rd vote, the same occurs in the next chamber
If both chambers reach a 2/3rds vote, the veto is overridden and the bill becomes a law
A committee is a group of people within a legislative body to represent a particular issue and make the process for the more important issues easier and quicker, while a caucus, is an ideological group that voices their opinions but never impacts legislation
A standing committee, a permanent committee that represents crucial issues, is the most important type of committee, which is then divided into subcommittees
The Ways and Means Committee, a committee that oversees bills based upon taxation, is ONLY found in the House
The Foreign Relations Committee and Armed Services Committee are ONLY found in the Senate.
Due to its larger size, floor action in the House is more formalized than in the Senate - each House member is allotted a certain amount of time, and both the pros and against of a bill are given the same amount of time (if you ever did MUN, then you know what I mean)
Rules Committee is the most powerful committee in the House and has the ability to kill or quicken the process for a bill to be passed Establishing which bills have an open rule (amendments can be added) or a closed rule (amendments cannot be added) - additionally, they can delay a vote or add a “poison-pill amendment” to kill a bill
Although more laid back, bills are harder to pass in the Senate and the process is a lot slower
Each senator is allowed to speak for however long they wish and this has led to the filibuster, a tactic in which senators say a speech for hours READ
Although not popular prior to the Civil War, in recent times the filibuster has been used to delay a vote on a bill, which is the main weapon of a minority party
A cloture motion, a motion to end a filibuster, is the only way to end a filibuster - it requires the support from 16 senators to bring it to the floor, and then a 2/3rds vote to “accept” the motion and end the filibuster
Budgeting of the executive branch, one of the powers of the legislative branch, is run by the Appropriations Committee which is found in both chambers
An earmark, the setting aside of parts of a budget for specific projects, can be used for political gain, and when it is a political gain its called pork barreling
Pork barreling can be the product of logrolling when two legislators agree to trade votes for each other’s benefit
An example of an earmark is setting aside parts of a military budget to buy a fighter jet。
The main goal of the House is to represent their constituent's needs and wants, however, sometimes the wants are not equal to the needs leading to 3 different types of representation…
A delegate model, when a representative acts on the “wants” of their constituents
A trustee model, when a representative vote based on their constituent's needs not wants, is the type of representation Madison was hoping for - common people are dumb regarding legislation, but representatives were educated in it
A politico model, a combination of delegate and trustee models, is the political side of representation - for example, if the constituents began to protest the representatives vote, the representative will change his response to better represent their constituents
A divided government, when one faction controls the legislative and the other faction controls the executive, is the best form of government
Similar to what Madison said in Federalists No. 10, more factions in power means more compromise which indirectly means all avenues of a particular issue will be explored and so the response to an issue will be more “well-thought-out”.
However, partisanship, the act of voting based solely on one’s party, can lead to gridlock, when the government cannot reach compromises or make policy decisions
Gerrymandering, the act of reshaping districts to benefit x political party, occurs every 10 years due to the census - was challenged in two landmark court cases
Baker v Carr (1962)
Baker v Carr (1962), a landmark court case that questioned whether one person’s vote is equal to another person’s vote and if the federal government can oversee redistricting in states (a fight over Federalism)
Tennessee did not redistrict since 1901, even though people have relocated - meaning some districts had larger populations than other districts
Charles Baker argued that since his district had more people than the rural areas surrounding it, his vote was worth less than the vote of the people from these rural districts - a breach of the 14th Amendment
In a 6-2 opinion, SCOTUS argued that this was indeed a violation of Baker’s 14th amendment rights and the federal government did have the power to oversee the redistricting of a state as it was a violation of a person’s rights
Shaw v Reno (1993)
Shaw v Reno (1993), a landmark court case that questioned whether redistricting can be based upon race and if it is a breach of the 14th amendment
After the census of 1990, North Carolina redistricted to account for changes in population - however, one of these districts was a majority-minority district: a district with more minority voters than white voters, in this case, it was black voters - in other words, it's used to put all the minority voters into one district
Janet Reno, Attorney General at the time, ordered North Carolina to redistrict and add another majority-minority district to comply with the recent amendments to the Voting Rights Act - the proposed second district was oddly-shaped and was obviously based upon race alone
As this was clearly the product of empowering the black votes, a group of white citizens, led by Ruth O. Shaw, sued Reno
Shaw believed this was a violation of the equal protection clause of the 14th Amendment
Reno said the majority-minority district was established to give black voices more say
SCOTUS ruled in a 5-4 decision in favor of Shaw, as the shape was so odd that it was most clearly racially motivated
SCOTUS said that districts may be built with racial considerations, but it can NEVER be the SOLE reason
The 4 dissenters said that the redistricting was to empower the weaker voices, and so this was lawful - but the truth is you cannot be racist to fight racism (remember this for the test, all rights matter!!!)
Chapter 9-Executive Branch
The role of the president has changed throughout history, with the president slowly gaining power and prominence in the nation
George Washington, knowing the people were scared of having another king, made sure to not overstep his realm of power and made sure to limit his veto powers
Andrew Jackson would be the first president to actually expand the power of the president by firing and hiring individuals as he pleased
During the Civil War, Abraham Lincoln suspended habeas corpus, a fundamental right in the Constitution that protects against unlawful and indefinite imprisonment, showing that the president can directly influence the laws of the land
Teddy Roosevelt, in his autobiography, argued that the president must be a leader of his nation and be prepared to take bold action to protect his people and their rights
Howard Taft, in his book, argued that the presidential powers are limited to the Constitution, making the role of president more of a ceremonial position
During the Great Depression and lead up to WW2, FDR redefined the American economy and in his State of the Union Address, FDR said the job of a president was to lead the nation toward the Four Freedoms (speech, religion, want, and fear)
The president has many powers, these powers are separated into two categories… formal powers, the powers of the president detailed in Article II of the Constitution, and informal powers, powers not explicitly mentioned in the Constitution but are “implied”
Formal Powers
The president has the formal power to veto a bill
The president has 10 days to choose to either veto or pass a bill, if he does not sign the bill in 10 days then either the bill becomes law (if Congress was in session within those 10 days) or a pocket veto is enacted (Congress adjourned at some point within those 10 days) - it’s weird, I know
The president also has many formal powers that fall under the realm of foreign policy
The president is the commander-in-chief of the armed forces, however, the power to declare war is granted to Congress - however, both the Vietnam and Korean Wars were engaged without a specific declaration of war
The War Powers Act, an act that required the president to notify Congress within 48 hours of deploying any troops and deployment, which can be for up to 60 days without a formal Congressional declaration, gave more power to the Legislative, additionally, money for war still comes from Congress
The president is also the chief diplomat, meaning he can appoint ambassadors (with the approval from the Senate), receive ambassadors, and recognize nations - to improve foreign relations, the president can also visit other nations.
Lastly, the president is allowed to negotiate treaties, however, the treaty is only passed in the US if Congress agrees to it - ex:/ Treaty of Versailles
Informal Powers
The president has the following informal powers…
POTUS can bargain with the legislative branch to do xyz - no president can run a nation without the use of bargaining
Executive Orders, a declaration by the president that directs the federal government to do xyz, do not have to be approved by Congress and so they are a mechanism to empower the president - leading to conflict between both branches
A president can persuade Congress to modify a bill by threatening to veto it, additionally, the president can give his opinion of a law
Executive Agreement, agreements with foreign governments, do not have to be approved by Congress and so they are a mechanism to empower the president
The president is the most powerful person in America, however, Americans do not like a king and so there must be “checks” on the president to make sure there is a “balance” of power
The president has the power to appoint people to various positions, however, the Senate has the power to approve these appointments.
Cabinet, the president’s top advisors who are responsible for managing the many departments and agencies of the executive branch, are appointed by the president, but affirmed by Congress (high position, so more contentious).
Ambassadors, responsible for representing the US in foreign countries and managing diplomatic relations, are appointed by POTUS and checked by the Senate (midtier position, so midtier contentious).
White House Staff, members of the executive responsible for providing assistance to the president, are less contentious than an ambassador or cabinet position but are still confirmed by the Senate (lowest contention).
The most important check on the president’s power is the Senate’s power to confirm appointments made by the president to add new judges to the judiciary
Adding members to the judiciary can be the longest-lasting influence of a president, and so this is an extremely contentious point between the two branches
ex:/ LBJ nominated Sandra Day O’Connor (first female justice) and Thurgood Marshall (first African American justice) to SCOTUS which allowed LBJ to go down in history as the first to appoint these minorities to SCOTUS
The president can use his prestigious position to influence the national agenda, this is called bully pulpit, a term coined by Teddy Roosevelt
The president can use social media, public appearances, television broadcasts, and so much more to offer their opinion on a specific topic - people will side with their leader
State of the Union Address: an annual address given by the president to Congress and the nation, in which he outlines his vision for the future of the country (very important)
Due to advancements in technology, the president has been able to talk to the population at large, not through written speeches but in questionnaires that are broadcasted to the entire nation - the most famous example of this was Reagan’s Address to the Nation on Federal Tax Reduction, a video of Reagan explaining Reaganomics
Federalists No. 70
Federalists No. 70, authored by Alexander Hamilton, outlined the need for the executive branch to be a one-man show
While the legislative branch was created to be slow, the executive branch is designed to be quick and decisive - and so if there were more executives in power then the “energized” president would not be so “energized” (remember the word ENERGIZED)
Additionally, if there is only one president then, if there is a catastrophe, we know who to blame and who to avoid in the next election, but if there were more than one, then placing the blame would be difficult (ex:/ James Buchanan is blamed for the Civil War)
The interpretation of the power of the executive has been the source of ongoing debate, should we give more power to the executive or less - or is it good the way it is right now?
Some believe that the president needs to be limited in their power, while others think he needs more power; would giving more power make the US more fluid in policy making?
For example, the 22nd Amendment, which limited the president to only two terms, was established just after FDR was given more power (only president to serve four terms)
Chapter 10-Judicial Branch
The Judicial Branch, which was established in Article III of the Constitution, is composed of the Supreme Court and its many lesser courts
Hamilton famously said the judicial was the “least dangerous” branch because it had no “Purse nor Sword” - however, today a SCOTUS decision can change the entire nation
The jurisdiction, the official power to make legal decisions and judgments, of the judicial branch is split into original jurisdiction, a court can hear a case for the first time, and appellate jurisdiction, a court can ONLY hear cases from lower courts
Judicial Review, the power of the judicial to rule on the Constitutionality of law, is the judicial branch's “check” on the legislative - was not established in the Constitution, rather it came about due to Federalist No. 78 and Marbury v Madison
There is a three-tier federal court system… SCOTUS → Courts of Appeals → District Courts
Three-Tier Federal Court
Supreme Court, the “supreme law of the land,” is composed of NINE JUDGES and NO JURY
SCOTUS has original and appellate jurisdiction, however, the original jurisdiction is extremely narrow - most cases in SCOTUS are appeals.
Original jurisdiction ONLY sets in for SCOTUS when a case involves two states or an ambassador or other public officials (interstate or foreign issues).
Courts of Appeals is a group of TWELVE federal courts that hear appeals from lower courts to make sure the law was handled correctly
Composed of THREE JUDGES and NO JURY ONLY have appellate jurisdiction!!!
District Courts is a group of 94 federal courts that hear original cases
Found in every state and are composed of ONE JUDGE and a JURY their job is to hear all federal crimes and make a decision - “the first line of defense” ONLY has original jurisdiction!!!
Federalist No. 78
Federalist No. 78, a document written by Alexander Hamilton, discussed how and how long a justice will be appointed and what kind of powers the judicial branch should have
Hamilton said all judges, who are to be appointed by the president and confirmed by Congress, “are to hold their offices during good behavior” (meaning judge for life)
Hamilton reasoned a judge should rule for life so that the judicial branch can rule independently of the other branches (if a judge is constantly appointed and confirmed by the other branches, then does that not make the other branches more powerful?)
The power of the judicial branch was to check laws created by the legislative and enforced by the president and make those laws “contrary to the manifest tenor of the Constitution void” (or bad laws gotta go - or in other words judicial review)
Hamilton also reasons that the judicial branch is used to make sure the legislative always has their people at heart - a second line of defense to protect the rights of citizens
Marbury v Madison
Marbury v Madison, a court case that cemented judicial review as a legitimate power of the judiciary, was a landmark court case that took the word politics out of the judicial branch. Thomas Jefferson defeated John Adams in the election of 1800, however, right before Adams was removed from office, he passed the Judiciary Act: created new courts, added judges, and gave the president more control over the appointments of judges
One of these judges added was William Marbury, and Madison, the new secretary of state, refused to give Marbury his commission documents - Marbury sued and the case made its way into the Supreme Court
SCOTUS ruled that Madison’s refusal to deliver the commission was illegal, however, SCOTUS ruled in favor of Madison because the Judiciary Act that gave Marbury his seat in the judiciary was itself unconstitutional (in other words, the judicial branch “checked” the legislative branch using judicial review…this is the first time that ever happened)
Stare Decisis
Stare Decisis, Latin for “to stand by decided matters,” is the principle that courts should generally follow the decisions made in earlier, similar cases
In other words, following a precedent will allow a law to be applied consistently and predictably which helps promote stability and fairness in the court of law.
However, courts have the power to overrule previous decisions and establish new precedents when a previous decision is unjust or outdated
Society is constantly evolving, the judicial system should evolve alongside the rest of the nation (ex:/ what if we abided by the Dred Scott decision?) - evolution is required
SCOTUS establishes Stare Decisis and can affect the precedent within the nation, so the ideology of each justice is important to evaluate
A judge can either be conservative, more likely to follow the precedent and uphold existing precedents, or liberal, open to change in the precedent