Final Exam

The power of the media to influence how events and issues are interpreted.

The amount of money approved by Congress in statutes (bills) that each unit or agency of government can spend. The amount of money approved by congress in statues and bills that each unit or agency of government can spend. Most programs and agencies are subject to some oversight every year during the course of hearings on appropriations S: a form of oversight by congress to make sure the executive branch is not abusing its power: checks and balances Their purpose may be to locate inefficiencies or abuses of power, to explore the relationship between what an agency does and what a law intended, or to change or abolish a program.

was a Supreme Court case concerning the scope of Congress's enforcement power under the fifth section of the Fourteenth Amendment. The case also had a significant impact on historic preservation. Local zoning authorities denied the permit, relying on an ordinance governing additions and new construction in a historic district which included the church as a contributing property. The Archbishop brought a lawsuit challenging the permit denial under the Religious Freedom Restoration Act of 1993 (RFRA, pronounced "rifra"). Archbishop Flores argued that his congregation had outgrown the existing structure. He claimed his ability to act on his beliefs were substantially burdened by the denial of his proposed addition S- the court in an opinion by justice anthony kennedy struck down RFRA as unconstitutional use of congree'e enforcement powers. Because it was the court that had sole power of defining the substantive rights guaranteed by the 14th amendment- a definition to which congress could not add and from which it could not subtract-and because RFRA was not legislation designed to have "congruence and proportionality" with the substantive rights that the court has defined, congress could not constitutionally enact RFRA.

A provision by the House Rules Committee limiting or prohibiting the introduction of amendments during debate. S: opponents of a bill will prefer an open rule, which permits potentially damaging floor debate and makes it easier to add amendments that may cripple the bill or weaken its chances for passing Closed rule is very favorable for supporters of the bill

A rule allowing a majority of two-thirds or three-fifths of the members of a legislative body to set a time limit on debate over a given bill. S: a vote of 3/5 of the senate, or 60 votes can end a filibuster

Specialization, parochialism (functions and types) A legislative sub-organization in the US congress that handles a specific duty (rather than the general duties of congress). Committee membership enables members to develop specialized knowledge of the matters under their jurisdiction. A "little legislature" committees monitor on-going governmental operations, identify issues suitable for legislative review , gather and evaluate information; and recommend courses of action to their parent body S: congress divides its legislature, oversight, and internal administrative tasks among approx 200 committees and subcommittees. Within assigned areas, these functional subunits gather information; compare and evaluate legislative alternatives; identify policy problems and propose solutions; select determine and report measures for full chamber consideration; monitor executive branch performance (oversight); and investigate allegations of wrong doing. Standing Committees- permanent Select Committees- not permanent set up to consider a bill Joint Committee Conference Appropriations Committee- money

when a member of the government takes action on behalf of a constituent to solve an issue that would, otherwise, be left unresolved. Government official taking on the responsibility of fixing an issue their constituents believe in, with hopes to be reelected Congress because they run every 2 years and have a smaller area they are responsible for. Ex- when a person has a problem they can call

Constitutional powers that are assigned to one governmental agency but that are exercised by another agency with the express permission of the first. S: congress delegates to the president only the power to identify or develop the means by which to carry out its decision A power delegated to one person by another FDA created by congress Congress creating government agencies War powers resolution- congress delegates the power to declare war to the president

The point in history when a new party supplants the ruling party, becoming in turn the dominant political force. In the United States, this has tended to occur roughly every thirty years. Realignments occur when new issues, combined with economic or political crises, mobilize new voters and persuade large numbers of voters to reexamine their traditional partisan loyalties and permanently shift their support from one party to another

a form of redistribution, is the process in the United States of changing political borders . This often means changing electoral district and constituency boundaries, usually in response to periodic census results. legislative branch. State legislature decides about redistricting The process of redrawing and redistributing legislative representatives. This happens every ten years to reflect shifts in population or in response to legal challenges in existing districts. S: always a matter of controversy with opponents accusing one another of "gerrymandering". Legislative districts within a state must include roughly equal populations, so as to accord with the principle of "one person, one vote". SC also declared that legislative districts should, insofar as possible, be contiguous, compact and consistent with existing political subdivisions

An agreement, made between the president and another country, that has the force of a treaty but does not require the Senate's "advice and consent". S: used to be secret agreements, how the US got involved in the war 1972 the case act was passed by congress, which requires that the president inform congress of any executive agreement within sixty days of being reached. Provides congress with the opportunity to cancel agreements that it opposes. Congress can also refuse to appropriate the funds needed to implement an agreement. Checks and balances.

A rule or regulation issued by the president that has the effect and formal status of legislation. S: most presidential executive orders provide for the reorganization of structures and procedures or otherwise direct the affairs of the executive branch-either to be applied across the board to all agencies or applied across the board to all agencies or applied in some important respect to a single agency or department.

Specific powers granted by the Constitution to Congress (Article I, Section 8), and to the president (Article II). Pardons, vetoes, nominations for judges for SC, nominating cabinet, serves as commander and chief S: cannot be revoked by congress or any other agency without an amendment to the constitution

is a grouping of like-minded individuals, especially within a political organization an organization that seeks to influence political decisions individuals who organize to influence the governments programs and policies. Not trying to influence an election but influence the elected. They tend to concern themselves with the policies of government. S: organized groups educate their members about issues that affect them. Groups lobby members of congress and the executive, engage in litigation, and generally represent their members interests in the political arena. Mobilize their members for election

A member talks on end to delay vote of a bill to force compromise Closure- 60 votes A tactic used by members of the senate to prevent action on legislation they oppose by continuously holding the floor and speaking until the majority backs down. Once given the floor, senators have unlimited time to speak and it requires 3/5ths of the senate to end a filibuster. S: small minorities or even one individual in the senate can force the majority to give in. the threat of a filibuster ensurse that, in crafting legislation and proposing judicial appointments, the majority takes into account the viewpoint of the political minority

Free riders are those who enjoy the benefits of collective goods but did not participate in acquiring them. S: interest groups have a hard time recruiting members o pay fees or just volunteer when what they are fighting for is collective goods that no matter whether you?re a member or not you will benefit. Getting public goods without doing anything Ex- clean air

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof?" In 1878, the Supreme Court was first called to interpret the extent of the Free Exercise Clause in Reynolds v. United States, as related to the prosecution of polygamy under federal law. The Supreme Court upheld Mr. Reynolds' conviction for bigamy, deciding that to do otherwise would provide constitutional protection for a gamut of religious beliefs, including those as extreme as human sacrifice. The Court said (at page 162): "Congress cannot pass a law for the government of the Territory which shall prohibit the free exercise of religion. The first amendment to the Constitution expressly forbids such legislation." Of federal territorial laws, the Court said: "Laws are made for the government of actions, and while they cannot interfere with mere religious beliefs and opinions, they may with practices." Jehovah's Witnesses were often the target of such restriction. Several cases involving the Witnesses gave the Court the opportunity to rule on the application of the Free Exercise Clause. Subsequently, the Warren Court adopted an expansive view of the clause, the "compelling interest" doctrine (whereby a state must show a compelling interest in restricting religion-related activities), but later decisions have reduced the scope of this interpretation.

A distinctive pattern of voting behavior reflecting the differences in views between women and men. S: women tend to vote in higher numbers for democratic candidates, whereas republicans win more male votes More women than men take liberal positions on political issues; women are more likely than men to oppose military activities and support social spending.

Apportionment of voters in districts in such a way as to give unfair advantage to one racial or ethnic group or political party

A lobbying campaign in which a group mobilizes its membership to contact government officials in support of the group's position. S: mobilizes mass amounts of people to make a huge number of phone calls and send letters to express there desire for a change. Religious rights groups are good at it. When Clinton wanted to remove the ban of gays and lesbians in the military, reverend jerry falwell called on viewers of his TV program to dial a number that would add their names to a petition urging Clinton to keep the ban. Within a few hours 24,000 people had called

bill is introduced-> committee hearings-> floor action-> (if passed sent to other house) -> committee hearings-> floor action-> returned to original house (if passed with amendments) -> bill goes to governor (if bill passed as is & if passed with amendments by both houses-> (if not vetoed) -> bills become laws jan 1 of following year first draft legislation- submit bills by a senator or representative to the clerk of the House or Senate and referred to appropriate committee for deliberation-deliberations may hold hearings, listen to experts, and amend the proposed legislation-committee markup sessions are held in which committee?s rewrite legislation to incorporate changes discussed during hearings on the bill-must pass on last hurdle within the committee system, the rules committee, determines the rules that will govern action on the bill on the House floor, allots time for debate and decide to what extent amendments to the bill can be proposed from the floor, open or closed rule-if debates suggest that it will pass, it is scheduled for a vote on the floor for approval. Usually approvals are given quickly-the final step is presidential approval. They can sign or veto.

Rather than being responsible for a specific area of policy, as most other committees are, it is in charge of determining under what rule other bills will come to the floor. As such, it is one of the most powerful committees, and often described as "an arm of the leadership" and as the "traffic cop of Congress." A rule is a simple resolution of the House of Representatives, usually reported by the Committee on Rules, to permit the immediate consideration of a legislative measure, not withstanding the usual order of business, and to prescribe conditions for its debate and amendment. S: decides on an open or closed rule which can be very important in the passing of piece of legislation

The formal change by the House of Representatives that a government official has committed "Treason, Bribery, or other high Crimes and Misdemeanors. S: impeachment, especially impeachment of a president is a political decision

An incumbent advantage exists when a holder of a political office runs for reelection while still serving their term of the job. The advantage is that if the people like the work they are doing, they will most likely be reelected. However, close elections to occur where the incumbent does not win the office. Ex-> John Corzine was the incumbent for the governor election in New Jersey in 2009. Corzine received 43% of the vote while Chris Christie received 46% of the vote to win the office. S: incumbents usually are already well known and have little difficulty attracting supports and contributors, unless of course they have been subject to damaging publicity while in office Franking privileges- allowed to send mail to their constituents while they are in office. If they do something good while in office they can play it up while running for reelection.

Procedure to allow voters an opportunity to remove state officials from the office before their term expires.

Powers claimed by a president that are not expressed in the Constitution. S: most often asserted at times of war or national emergency.

The stable, cooperative that often develops among a congressional committee, an administrative agency, and one or more supportive interest groups. Not all of these relationships are triangular, but the iron triangle is the most typical. S: the interest group provides campaign contributions

The power of the courts to review and, if necessary, declare actions of the legislative and executive branches invalid or unconstitutional. S: the constitution does not give the SC the power of judicial review over congressional enactments. Judicial power has been expected as natural, if not intended. Its legal power to review acts of congress has not been questioned since 1803 (marbury). Not questioned because over the last 2 centuries the court has struck down only some 160 acts of congress. Court makes a self-conscious effort to give these acts an interpretation that will make them constitutional

A line item veto is where the president has the power to veto just one part of a bill that he does not approve of, instead of vetoing the entire bill.- no longer constitutional The power of the executive to veto specific provisions (lines) of a bill passed by the legislature S: the power to strike specific spending items from appropriations bills passed by congress unless reenacted by 2/3 vote of both House and Senate. In 1998 the supreme court ruled that the constitution does not authorize the line-item veto and only a constitutional amendment would restore this power to the president Use of veto caries according to the political situation that each president confronts. During clintons first two years in office, when democrats controlled both houses of congress, he vetoed no bills. Following the congressional elections of 1994, however, clinton confronted a republican-controlled congress with a definite agenda, and he began to use his veto power more vigorously.

A strategy by which organized interests seek to influence the passage of legislation by exerting direct pressure on members of the legislature. Lobbying involves a great deal of activity on the part of someone speaking for an interest. Lobbyists badger and buttonhole legislators, administrators, and committee staff members with facts about pertinent issues and facts or claims about public support of certain issues or facts. S: lobbyists can serve a useful purpose in the legislative and administrative processes by providing this kind of information

A provision by the House Rules Committee that permits floor debate and the addition of new amendments to a bill. When the house rules committee decides that a bill can be debated and amended openly S: when you put an open rule on a bill you want it to fail If you want it to pass you want to have a closed rule

The authority to initially consider a case. Distinguished from appellate jurisdiction which is the authority to hear appeals from a lower court's decision. S: courts that are responsible for discovering the facts in a controversy and creating the record on which a judgement is based Although some jurisdiction is granted to the SC, for example those affecting ambassadors and those in which a state is one of the parties, most original jurisdiction goes to the lowest courts- the trial courts.

A private group that raises and distributes funds for use in election campaigns. Organizations established by corporations, labor unions, or interest groups to channel the contributions of their members into political campaigns. A private group that raises and distributes funds for use in election campaigns. PAC- a lof of interest groups have their own PACs because they can deal with money Presidential nominee interacts with interest groups who in turn have a PAC to fund, donate, and put out commercials and media ads PACs are not limited as much to amount of money they can donate $5000 S: permitted to donate up to $5000 as opposed to $2000 from an individual. Allied or related PACs often coordinate their campaign contributions, greatly increasing the amount of money a candidate actually receives from the same interest group.

Specialization

Caucus that nominate majority/minority leaders Nominate through consensus (not individually) Picking majority leader. Choosing positions-> who will serve each position After party has won election A normally close meeting of political or legislative groups to select candidates, plan strategy, or make decisions regarding legislative matters. An open caucus is open to anyone wishing to attend. Other states use closed caucuses, open only to registered party members. S: citizens attending the caucuses typically elect delegates to statewide conventions at which delegates to the national party conventions are chose The early caucuses and primaries are important because they can help front-running candidates secure media attention and financial support

Democrat/republican- parties as they operate

How the parties interact with the voters

How parties are organized as organizations

The theory that all interests are and should be free to compete for influence in the government. The outcome of this competition is compromise and moderation. S: theory has flaws- one criticism of interest groups pluralism is its class bias in favor of those with greater financial resources. Another assumption of pluralism is that all groups have equal access to the political system, but politics work to the advantage of some types of interests rather than others.

A type of electoral system in which, to win a seat in the parliament or other representative body, a candidate need only receive the most voted in the election, not necessarily a majority of the votes cast. Only one person wins with the most votes, unlike in other european countries who have multiple-member districts where you can win only 16-20% of the vote and still be elected S: this high american threshold discorages minor parties and encourages the various political factions that might otherwise form minor parties to minimize their differences and remain within the major-party coalitions. The plurality system in a single-member district where there are only two candidates, a politician must win 60% of the votes cast.

bill clinton won but he didn?t win by a majority so he could not create a mandate Barack obama did win 50%+ of the vote so he can Many people vote based on party affiliation. A claim by a victorious candidate that the electorate has given him of her special authority to carry out promises made during the campaign. S: Winning by 50% or more of the popular vote. Busch made the "war on terrorism" the centerpiece of his administration. To fight this war, brought about the creation of a new cabinet department- the department of homeland security- and such acts as the USA PATRIOT Act to give the executive branch more power to deal with terrorist threats. This was all done by a president who lacked a popular mandate. The expressed and delegated powers of the office gave him the resources through which to prevail.

Elections held to select a party's candidate for the general election. People identified within the party who they want to be the nominee to be for their specific party S: the presidential level the primary elections are indirect; they are used to select state delegates to the national nominating conventions, at which the major party presidential candidates are chosen

Voting based on the imagined future performance of a candidate. s: if the economy is bad, they can tell voters it's time for a change and ask them to make prospective judgments Ex- Barrack Obama

Citizens' attitudes about political issues, leaders, institutions, and events. S: not to be confused with values (or beliefs) which are a person's basic orientations to politics

A polling technique in which the questions are designed to shape the respondent's opinion.

is a 1993 US federal law aimed at preventing laws which substantially burden a person's free exercise of religion. The law reinstated the Sherbert Test, mandating that strict scrutiny be used when determining if the Free Exercise Clause of the First Amendment to the United States Constitution, guaranteeing religious freedom, has been violated. In this, the court must first determine whether the person has a claim involving a sincere religious belief, and whether the government action is a substantial burden on the person's ability to act on that belief; if these two elements are established, then the government must prove that it is acting in furtherance of a compelling state interest, and that is has pursued that interest in the manner least restrictive, or least burdensome, to religion. S: religious groups lobbied congress after the decision of Smith v. Employment division. They did not want this case to be precedent. In 1997, part of this act was overturned by the US SC because it overstepped Congress's power to enforce the 14th amendment- boerne case ? The free exercise clause states that congress shall not pass laws prohibiting the free exercise of religion. In the 1960's the SC interpreted this as banning laws which burdened a person's exercise of religion. But in the 1980's the court began to allow legislation that incidentally prohibited religiously mandatory activities as long as the bas was "generally applicable" to all citizens. The key case was employment division v. smith. ? In response, both liberal (like the ACLU) and conservative groups (like the Traditional Values Coalition) joined forces to support RFRA, which would reinstate the Sherbert Test, overturning laws if "religious exercise is substantially burdened" by them unless the law is the "least restrictive means" of furthering a compelling state interest. The act passed the House unanimously and the Senate 97 to 3 and was signed into law by US President Bill Clinton ? The rights that RFRA was intended to guarantee were imposed by Congress on the states. The vehicle by which Congress did was the 14th amendment, and in particular that Amendment's 5th section, which gave congress the power to enact legislation to protect the substantive rights guaranteed by the rest of the Amendment. Since the amendment had been interpreted to implicitly incorporate the free-exercise provisions of the 1st amendment and make them good against the states, congress was able to use the 14th amendment to enact legislation designed to protect rights expressly guaranteed by the 1st.

Boerne v Flores O'Lone v Shabazz Prohibits the imposition of burdens on the ability of prisoners to worship as they please, as well as making it easier for churches and other religious institutions to avoid state restrictions on their property use through zoning laws. It was enacted by the US congress in 2000 in an effort to correct the constitutionally objectionable problems of the religious freedom restoration act RFRA of 1993. the act was passed in both the US house of reps and the senate by unanimous vocal consent, meaning that no objection was raised to its passage, so no vote was taken. In reaction to SC announcing RFRA unconstitutional ? In reaction to boerne v. flores where RFRA was deemed unconstitutional- federal government is expanded their authority to protect citizens freedom to religion ? Specifically talks about zoning and institutionalized persons ? Commerce clause and federal funding of institutions ? S: unlike the RFRA which required religious accommodation in virtually all spheres of life, the RULIPA only applies to prisoners, and land use (zoning) or properties.

Voting based on the past performance of a candidate. To tie into incumbency advantage. If the candidate had positive performance in the past, the voters will take that into consideration Looking at a candidate's past record or the party itself's record when making a choice Economy plays an important role: if the incumbent is running for re-election and the economy is good he will take credit for it and tell people to vote retrospectively

religious observation is not an excuse for violating the law (on polygamy and anti-polygamy legislation); Chief Justice Waite distinguishes between thought and action; this remain settled for almost a century a. During that time, selective incorporation extended free exercise ruling to states (Cantwell case, 1930s) b. Together, can?t punish individuals in any case for beliefs, but can for actions (even if religiously motivated) thought v action Has a bunch of wives because he is Mormon and protected by his 1st amendment right- moral act is passed that says you cannot have more than one wife he wants to test the constitutionality of this act so he takes it to SC and he loses. s: he loses because the SC decides unanimously that there is a distinction between religious thought and belief on the one hand and the conduct that might result from the beliefs

The practice whereby the president, before formally nominating a person for a federal judgeship, seeks the indication that senators from the candidate's own state support the nomination. S: because the presidents party in the senate will rarely support a nominee opposed by a home-state senator from their ranks, this arrangement gives these senators virtual veto power over appointments to the federal bench in their own states. Generally does not apply to SC appointments only to district and circuit court nominations

Sherbert doesn?t want to work on Saturdays, her Sabbath. SC sides with Sherbert (5-4), arguing that denial of unemployment benefits restricts her free exercise of religion. a. Undercut distinction between belief and action laid down in Reynolds; moved from concept of rational justification to restrict religious practice (by state) to a compelling state interest; greatly reduces state power. b. Yoder decision on Amish education strengthens Sherbert precedent by finding state interest in regulating this as insufficiently compelling. c. Sherbert held firmly for about 20 years, but then melted or ?fell resoundingly? Compelling state interest-> Her religion forbid her to work on saturdays and she said she couldn?t so they fired her and the state denied her unemployment benefits. State said she made herself unavailable to work and it would be unfair to grant her benefits. She lost in every appeal cout until she made it to the SC SC decided that the state violated her free exercise of religion and she was awarded her benefits. S: this case undercut the distinction between belief and action laid down by Justice Waite in the Reynolds case A state needed to have compelling state interest to restrict religious practice, as opposed to a rational justification, was to reduces drastically the ability of a state to control the behavior of a believer acting on genuine religious convition.

SMITH: Supreme Court ruled that the law against peyote was a law of ?general applicability? so banning it doesn?t violate free exercise of religion. They ruled that the state doesn?t in fact have to demonstrate a compelling state interest in order to pass laws that might infringe on free exercise. Congress attempts to neutralize the impact of the decision via legislation. 1990 Solarz introduces the Religious Freedom Restoration Act. Many cosponsors. Congress not on clear constitutional ground to undo the SC decision ? looked to Section 5 of the 14th Amendment ? which gives Congress the power to enforce the provisions of the 4th Amendment. RFRA legislation passed, but was seen as an assault on the Supreme Court?s responsibility to interpret the Constitution. (REMEMBER: Congress doesn?t care that much about constitutionality because they are more concerned with immediate payoffs) After RFRA, SC is just waiting for a perfect case to react, use judicial review to declare it unconstitutional Smith case: Native American church members to smoke peyote; reaction was much more than the parties involved bargained for. A US SC case that determined that the state could deny unemployment benefits to a person fired for violating state prohibition on the use of peyote, even though the use of the drug was part of a religious ritual. Although states have the power to accommodate otherwise illegal acts done in pursuit of religious beliefs, they are not required to do so. Smith was a native american whose religion required him to smoke peyote. He was fired for drug use, went to court and said he did it for his religion but he lost. The counselors filed a claim for unemployment compensation, which was denied because the reason for their dismissal was deemed work related "misconduct." the oregon court of appeals reversed that ruling, holding that denying them unemployment benefits for their religious use of peyote violated their right to exercise their religion. The oregon supreme court agreed, although it relied not on the fact that peyote use is a crime but on that the fact that the state's justification for withholding the benefits-preserving the "financial integrity" of the workers' compensation fund-was outweighed by the burden imposed on smith's and black's exercise of their religion. The state appealed to the US SC, again arguing that denying the unemployment benefits was proper because using peyote was a crime. The US SC reasoned that if the state could punish the possession of peyote as a crime without infringing a person's right to exercise his religion, it could also withhold unemployment benefits from those who possess peyote without violating the right to exercise religion. But the oregon SC had not relied on the fact that possession of peyote was a crime in Oregon, an so the US SC sent the case back to the oregon SC so that it could answer that question. The oregon SC held that oregon law did indeed proscribe the possession of peyote, but that applying oregon's ban on possession of peyote to deny Smith and Black unemployment benefits violates their right to exercise their religion. The state asked the US supreme court to review this second decision of the Oregon SC, and it agreed to do so. S: when the court abandoned a long-held standard for what constituted an abridgement of the free exercise of religion in the decision of this care, congress simply passed a law, RFRA-which restored the old standards that the Court had scrapped. The court in turn, retaliated with the very instrument used by John Marshall in Marbury v. Madison- Judicial Review

The president's constitutional power to turn down acts of Congress. A presidential veto may be overridden by a two-thirds vote of each house of Congress. S: it makes the president the single most important legislative leader Use of veto varies according to the political situation that each president confronts. During clinton's first two years in office, when democrats controlled both houses of congress, he vetoed no bills. Following the congressional elections of 1994; however, clinton confronted a republican-controlled congress with a definite agenda, and he began to use his veto power more viorously

A resolution of Congress that the president can send troops into action abroad only by authorization of Congress, or if American troops are already under attack or serious threat. S: presidents generally ignore the War Powers Resolution, claiming inherent executive power to defend the nation. President must inform congress of any planned military campaign, and stipulated that forces must be withdrawn within sixty days in the absence of a specific congressional authorization for their continued deployment.

A decision of at least four of the nine Court Justices to review a decision of a lower court; from the Latin word "to make more certain". S: it is an order to a lower court to deliver the records of a particular case to be reviewed for legal errors. ? If you lose in a lower federal court or state court and want the SC to review the decision has 90 days to file a petition ? For certiorari to be granted, four justices must be convinced that the case satisfies rule 10 of the rules of the US SC-it is not a right but to be granted only when there are special and compelling reasons.

? Asserted in Marbury v. Madison (Chapter 1 of SoaH) ? 1800 Election of Jefferson; Midnight judges ? Adams makes a bunch of appointments, based on a list put together by John Marshall. Appointments are confirmed by the Senate. Sealed by Marshall as Secretary of State. However, Marshall never delivered the appointments. When TJ took office, he ordered that the appointments not be delivered by the new Secretary of State, James Madison. ? Marbury challenges Madison to issue the documents under ?writ of mandamus,? an order requiring the government official to carry out a duty he is legally obligated to perform. ? Case is delayed by 2 years ? Marshall (now Chief Justice) recognizes that issuing the writ isn?t an option because so much time has passed. Uses the opportunity to strike down the provision of the Judiciary Act of 1789 giving the SC original jurisdiction to issue writs of mandamus as unconstitutional ? ?Congress had no authority to redistribute or add to the Court?s original jurisdiction? (9). Checks and balances between SC and Congress Congress can impeach justices of SC Advice and Consent- Senate hold confirmation hearing to confirm addition ? Asserted in Marbury v. Madison (Chapter 1 of SoaH) ? 1800 Election of Jefferson; Midnight judges ? Adams makes a bunch of appointments, based on a list put together by John Marshall. Appointments are confirmed by the Senate. Sealed by Marshall as Secretary of State. However, Marshall never delivered the appointments. When TJ took office, he ordered that the appointments not be delivered by the new Secretary of State, James Madison. ? Marbury challenges Madison to issue the documents under ?writ of mandamus,? an order requiring the government official to carry out a duty he is legally obligated to perform. ? Case is delayed by 2 years ? Marshall (now Chief Justice) recognizes that issuing the writ isn?t an option because so much time has passed. Uses the opportunity to strike down the provision of the Judiciary Act of 1789 giving the SC original jurisdiction to issue writs of mandamus as unconstitutional ? ?Congress had no authority to redistribute or add to the Court?s original jurisdiction? (9). Checks and balances between SC and Congress Congress can impeach justices of SC Advice and Consent- Senate hold confirmation hearing to confirm addition