WILSON 16A ESTABLISHING THE JUDICIARY. OBJECTIVE QUESTIONS Who Governs? Why should federal judges serve for life? How does the make up of the Court influence.

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WILSON 16A ESTABLISHING THE JUDICIARY

OBJECTIVE QUESTIONS Who Governs? Why should federal judges serve for life? How does the make up of the Court influence jurisprudence? To What Ends? Why should federal courts be able to declare laws unconstitutional? Should federal judges only interpret existing laws or should they be able to create new laws?

JUDICIAL REVIEW Right to rule a law or action unconstitutional Need independent judges Hamilton – Federalist 78 Great Britain Appointment and tenure Jurisprudence Traditional Activist Originalist Krytocracy – rule by judges Krytocracy

EVOLUTION OF THE COURTS National supremacy and slavery Marbury v. Madison McCulloch v. Maryland Dred Scot v. Sanford Government and the economy Plessy v. Ferguson Schenck v. US Political liberty – Brown v. BEO-Topeka State sovereignty – Roe v. Wade

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