writ of mandamus

Examples of writ of mandamus in the following topics:

• The Last Days of the Federal Presidency: The Midnight Judges

  • Marbury sued and demanded that the Supreme Court issue a writ of mandamus (a power given by the Judiciary Act of 1789) that would compel Jefferson to accept these appointments.
  • Chief Justice Marshall ruled that the Constitution did not grant the Supreme Court power to issue such writs.
  • However, Marshall had established the foundational concept of judicial review—the power of the Supreme Court to rule on the constitutionality of congressional legislation and presidential acts.
  • Essentially, the decision handed down by Marshall strengthened the power of the federal judiciary and permanently cemented its fundamental role in shaping both state and federal law—expanding the powers of the national government and ensuring a permanent Federalist legacy in the separation of federal powers.
  • Therefore, although Federalist party quietly dissolved in the early nineteenth century, judicial review established an enduring legacy of the Federalist vision of government that continues to guide the federal system.

• Marbury v. Madison

  • Supreme Court decision in which the Court established the basis for the exercise of judicial review in the United States under Article III of the Constitution.
  • Marbury was one of the "midnight judges" appointed by Adams after he'd lost the election of 1800, but prior to the actual inauguration of Thomas Jefferson.
  • The Court, with John Marshall as Chief Justice, found that Marbury did have a right to his appointment, and that the Judiciary Act of 1789 provided him with a remedy, caled a writ of mandamus.
  • Madison, refers to the establishment of the principle of judicial review.
  • Describe the shape of the boundary that Marbury v.

• Court Decisions and Civil Rights

  • It targeted the exclusion of blacks from the University of Maryland law school.
  • Board of Education in 1954.
  • It's the moral commitment stated in our country's creed. " The circuit court judge issued a writ of mandamus ordering Raymond A.
  • The decision of the Court of Appeals was never taken to the U.S.
  • Board of Education mandated desegregation across the whole of the United States.

• The Expansion of the Federal Government

  • Marshall's Court shaped the new nation with its interpretation of the Constitution and the establishing of a number of early legal precedents that helped to better define the role and function of the federal government.
  • Ogden, both of which broadly expanded the power and supremacy of the national government.
  • The Court, with Marshall as chief justice, found that Marbury did have a right to his appointment, and that the Judiciary Act of 1789 provided him with a remedy known as a writ of mandamus.
  • The state of Maryland had attempted to impede operation of a branch of the Second Bank of the United States by imposing a tax on all notes of banks not chartered in Maryland.
  • James William McCulloch was the head of the Baltimore branch of the Second Bank of the United States.

• The 17th Amendment

  • The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote.
  • The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures.
  • When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.
  • This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution.
  • State the change in the manner of electing Senators effected by the 17th Amendment

• Powers Denied to Congress

  • Congress has numerous prohibited powers dealing with habeas corpus, regulation of commerce, titles of nobility, ex post facto and taxes.
  • Section 9 of Article 1 of the U.S.
  • The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.
  • No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of Receipts and Expenditures of all public Money shall be published from time to time.
  • No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.

• Confederate Politics

  • Vance of North Carolina, a powerful advocate of states' rights, frequently opposed Davis.
  • North Carolina was also the only state to observe the right of habeas corpus during the war.
  • Throughout the war, Stephens denounced many of the President's policies, including conscription, suspension of the writ of habeas corpus, impressment, various financial and taxation policies, and Davis' military strategy.
  • The lack of a functioning two-party system prevented the formulation of any effective alternatives to the conduct of the war by the Davis administration.
  • Zebulon Vance, Governor of North Carolina, challenged the central Confederate government.

• Types of Courts

  • They operate under a system of mandatory review which means they must hear all appeals of right from the lower courts.
  • They can make a ruling of their own on the case, or choose to accept the decision of the lower court.
  • The highest court is the Supreme Court of the United States, which is considered the court of last resort .
  • This means that the Court, through granting of writs of certiorari, can choose which cases to hear.
  • There is generally no right of appeal to the Supreme Court.

• The Fourth Amendment and Search and Seizure

  • Constitution is the part of the Bill of Rights guarding against unreasonable searches and seizures.
  • In the 1946 case of Oklahoma Press Pub.
  • It was adopted as a response to the abuse of the writ of assistance (a type of general search warrant) in the American Revolution.
  • The Fourth Amendment applies to the states by way of the Due Process Clause of the Fourteenth Amendment.
  • 175th anniversary of the Bill of Rights commemorated on 1966 US postage stamp Plate block of four.

• Promoting Public Welfare and Income Redistribution

  • One of the most well-known initiatives to improve public welfare in times of need was President Franklin D.
  • Following the stock market crash of 1929, President Roosevelt invested unprecedented governmental funds into the expansion of the executive bureaucracy in order to employ Americans and mitigate the extreme financial decline of the era.
  • Johnson assisted with the implementation of his Great Society initiative.
  • The gesture to improving the wellbeing of the public writ large is represented by President Obama's 2010 law to increase public access to health insurance.
  • Liberals and conservatives are divided on the merits of the law, but regardless of one's political assessment of the law, it speaks to the government's attempts to improve the wellbeing of the public.