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POL353 Midterm Exam Study Guide Marbury v. Madison- Judical Review

This document is a study guide for a midterm exam on Marbury v. Madison and judicial review, likely in a political science course.

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POL353 Midterm Exam Study GuideMarbury v. Madison-JUDICAL REVIEWWhat the Court Ruled:Marbury was entitled to his commission,the courtordered a writ of mandamus to Madison requesting he pay Marbury.oMandamus:A court order issued to a government official to dosomething.Why the court ruled that way:The court determined that Marbury wasofficially appointed and had a right to his commission. The court said that ifrights are violated there should be a remedy. The court determined that thebest way to remedy the violated right was to issue the writ requesting thecommission.Why the courts ruling is important:Through the issuance of the writ ofmandamus the court claimed the power of judicial review.Cooper v. Aaron-ICORPORATIONWhat the court ruled:The court ruled that Arkansas, despite the violenceand turmoil that may result, needed to follow the courts ruling in Brown v.Board.Why the court ruled that way:Arkansas argued that public education is theresponsibility of the states, and therefore they are not bound to obey federalcourt rulings. The court cited the 14thAmendment to apply the ruling to thestates, where it says, “no state shall deny to any person within its jurisdictionequal protection of the laws.” The court established in Brown v. Board thatsegregated schools were inherently unequal keeping segregated schools inLittle Rock denies African Americans equal protection.Why the courts ruling is important:Selectively Applied the courts ruling inBrown v. Board through the 14thAmendmentLujan v. Defenders of Wildlife (1992)-casual connection, injury has to becommitted, STANDINGWhat the court ruled:The court ruled that the defenders of wildlife did nothave standing, because they could not prove injury.Why the court ruled that way:The court ruled that since the defenders ofwildlife did not have immediate plans to travel to see the animals that weregoing extinct they did not have standing.oThe court cites 3thingsplaintiffs must satisfybefore they can grantstanding:1: Plaintiff must have suffered an “injury in fact”; an invasion ofa legally-protected interest which is concrete andparticularized and actual and imminent NOT conjectural orhypothetical2. There must be some casual connection between the injuryand the conduct complained of–the injury has to be fairlytraceable to the challenged action of the defendant and not theresult of the independent action of some third party not beforethe court.

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Document Details

University
Ashford University
Course
POL 353
Subject
Political Science

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