CONLAW REVIEW SESSION 10/23
~1914 was when state cases that raised federal questions could come to the supreme court- before that most of the time they didnt
-now most state cases have to have a federal question to even be considered
congress CAN control the supreme court's jurisdiction
-article 3 says this (but is misinterpreted?)
writ of error and writ of appeal
-writ of error disappeared in 19th century
-writ of appeal disappeared much much more recently
know about hamdi, hamdan, marbury, martins vs hunter-laisee
a long paragraph is more than sufficient
fundamental law = higher law = constitution (supreme law of the land?)
you dont need to know about the justice biographies. goddammit. and the only ones i read! dammit!
departmental theory of judicial review-
-each branch of government had the power to protect itself by not exercising unconstitutional powers
-this has evolved into exclusive judicial review
judiciary act of 1789
-still exists, basis of title 28 of the US judicial code
-marbury overturned section 13
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