Chapter 1 – The Supreme Court has held that certain

Chapter 1

  1. The Supreme Court has held that certain rights are fundamental, and those rights apply in both federal and state proceedings. Discuss what makes rights handled on a case-by-case basis different. Should these rights be incorporated? Why or why not?
  2. The case of Marbury v. Madison (5 U.S. 137 [1803]), which established the doctrine of judicial review, has been said to be the most important case ever decided by the Supreme Court. Discuss the importance of Marbury v. Madison (1803). Discuss how current law might be different had the case been decided differently.

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