Civil

Disponible uniquement sur Etudier
  • Pages : 7 (1579 mots )
  • Téléchargement(s) : 0
  • Publié le : 28 avril 2010
Lire le document complet
Aperçu du document
Anglais
Correction des exercices
Semestre 2

Concernant les exercices des pages 3 et 4 il n’y a pas de correction disponible !
Vous trouvez les réponses du texte à trou en bas à droite de l’exercice choisit.

(Cours du 20 Janvier 2010)

Page 6

LECTURE 1: The Marshall Court

Extract from Marbury v. Madison (1803)

Three points to remember about the historical context of this case:Firstly In 1800 the federalists tried to compensate for their loss in the elections by creating nex courts and nominatin Federalists judges.

Secondly The new president, Thomas Jefferson, refused to carry out the nominations made by his predecessor.

Thirdly The case Marbury vs Madison would set a precedent for the respective roles of the president and the supreme court.

Page 8

Somequestions about the case

What injustice does the plaintiff seek to rectify?
Marbury wished to receive the official letter confirming his nomination as judge made by President Adams wich the new president, Jefferson, and his secretary of state, Madison, refused to give him.

What is the main legal principle involved in this case?
Separation of powers or checks and balances.

What was thedecision?
Chief justice Marshall decided that Jefferson was right that the law he called into question was in fact unconstitutional, therefore Marbury could not be nominated as judge.

But Marshall seized this opportunity to assert the court’s authority in the domain of constitutionality : judicial review.

What are the consequences of this decision?
Ever since then, the Supreme Court –not thepresident- has the final power to determine what is constitutional or not.

Page 9

Extract from Gibbons v. Ogden (1824)

Three points to remember about the historical context of this case:

Firstly Steamboat traffic between states was very profitable.

Secondly There was fierce competition between two men who had different licenses to operate in the same area.

Thirdly Power toregulate interstate commerce was given to Congress by the Constitution.

Page 11

Some questions about the case

What injustice does the plaintiff seek to rectify?
Plaintiff : Gibbons.
Injustice : The injunction (Court order) to restrict him from operating his boat.

What is the main legal principle involved in this case?
Question of the interpretation of the « interstate commerce » clausein the Constitution.

How should the Constitution be interpreted :
(Widely
(Narrowly

• Narrow : if the Constitution doesn’t say you can do it, then you can’t.
• Wide : if the Constitution doesn’t say you can’t do it, then you can.

What was the decision?
Marshall reservet the decision the New-York courts.
The Constitutions gives only Congress, not the states, the power toregulate interstate commerce.

What are the consequences of this decision?
It expanded the meaning of the word « commerce ».
It now means any kind of movement of persons, things, ideas and communication, for commercial purposes or not, accross state lines.

(Cours du 26 Janvier 2010)
Page 12

Extract from Plessy v. Ferguson (1896)

Three points to remember about the historical context of thiscase:

Firstly The history of race relations in America was more than 300 years long when this case was argued.

Secondly In the Southern States of U.S, a series of laws, called Jim Crow Laws, was passed to enforce segregation.

Thirdly Because of this long and violent history, the situation was extremely volatile and many people were afraid of any social change that might result inconfrontation.
Page 14

Some questions about the case

What injustice does the plaintiff seek to rectify?
Plessy wants to abolish segregation. He wants the right, as a black person, to go in « white only » areas, in this case on a train.

What is the main legal principle involved in this case?
Dissention.
« Seperate but equal ».
Also, « states rights ».

What was the decision ?
Plessy...
tracking img