AP Government Chapter 10
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Federalist No. 78
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judiciary would be the least powerful branch (anti-Federalists did not agree), independence of judges needed (for rights of individuals)
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Article 3
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3.1- establishes the SC and inferior courts (salary does not decrease) 3.2- Specifies judicial power of the SC (original & appelate jurisdiction) can be between State and citizens of another state
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judicial review
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power of the courts to review acts of other branches of government and the states
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Marbury v. Madison
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1803,
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Martin v. Hunter's Lesse
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1816, regarding state law
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Judiciary Act of 1789
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(outline, not fully specified) 3-tiered stucture of the federal court system. federal judicial system=SC, 6 justices
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federal district courts
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...
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court of appeals
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(initially a circuit court for important cases, one distirct court judge 2 SC judges not initially appelate)
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Chisholm vs. Georgia
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1793, said art. 3.2 was ok (people bring suit against state in which they did not reside), no state sovereignty
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Orginal supreme court
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wanted to be nonpolitical, little space, too much travel, nat. govt. over states, John Jay 1st justice, met in NY 1790
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seriatim
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in a series, Marshall said SC would not do it, King's Bench (GB) does it, Individual opinions in order, not as much power as a branch, should speak collectively.
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McCUlloch v. Maryland
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nat. govt. over states
