Supreme Court Reading Assignment

On October 23, 2018, in Assignments, by lwaddell

Answer the following questions and submit your respones to lwaddell@tuhsd.k12.az.us

Federalist #78

1. Why do you feel Hamilton was so careful to point out the relative importance of the judiciary?
2. What was Hamilton’s position regarding the power of the judiciary to declare legislative acts contrary to the Constitution void?
3. Why does Hamilton consider the independence of the judiciary to be a vital component of constitutional government?

Marbury v Madison

1. Chief Justice Marshall recognized that all three branches of the government take oaths to uphold the Constitution. Why, then, did he feel that it is the responsibility of the courts to determine ultimately whether or not a law is unconstitutional when it is challenged in a case and controversy?
2. Why, according to Marshall, is the Constitution superior to any ordinary act of the legislature?

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