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I know marbury v. madison talks about constitutional legislation only

2007-01-30 04:58:39 · 2 answers · asked by Anonymous in Politics & Government Law & Ethics

2 answers

Funny, because my public school education taught me the answer.

The 10th amendment to the Constitution reserves all rights not reserved by the Federal government to the states. Thomas Jefferson wanted this included to protect states rights and limit the power of the federal government.

If you read Article III of the Constitution, you will see that Federal courts only take jurisdiction in laws under the Constitution, and controversies between citizens of diverse states (to prevent one state showing prejudice against a foreigner).

Congress gave the power to review state law in the Federal Judiciary Act of 1789. It is safe to say that our forefathers intended the Supreme Court to review state law because they drafted this legislation themselves. You should note as well that only the Supreme Court has this power. The lower courts never review state proceedings unless they coincide with a federal law. The Supreme Court only hears about 200 cases a year for all 50 States. This is a very small number. More often than not, a case is denied certiori. So contrary to what the conspiracy theorists believe, there is not that much influence of the Federal Courts.

Congress expands the role of the Courts by making laws. It is only under those laws that a Federal court may hear a case. When a controversy is between two parties of different state, the federal judge uses state law to make his decision.

In short, the answer is from inception the courts had the right.

2007-01-30 05:41:38 · answer #1 · answered by Discipulo legis, quis cogitat? 6 · 0 0

About the same time they began to make legislation. The courts have overstepped their bounds in many ways and everyone sits by idle because they are idiots thanks to our public education systems.

2007-01-30 13:05:54 · answer #2 · answered by El Pistolero Negra 5 · 1 2

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