Civil

1579 mots 7 pages
Anglais
Correction des exercices
Semestre 2

Concernant les exercices des pages 3 et 4 il n’y a pas de correction disponible !
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(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

Some questions 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 the decision?
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 the president- 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 to

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