Constitutional Foundations & Underpinnings

Constitutional Foundations & Underpinnings

1. Marbury v. Madison

   • Established Judicial Review
   • Congress created the Judiciary Act of 1789, attempting to expand beyond what Article III, Section 2 had laid out
   • Judiciary Act of 1789 declared unconstitutional.

2. Gideon v. Wainwright

   • 6th ammendment on the right to counsel applied to states
   • Florida's statutes/actions deemed unconstitutional
   • Gideon charged with felony and declared guilty without an attorney according to Florida law

3. Baker v. Carr

   • An apportioning law was created, Supreme Court ruled on whether the courts could rule on such legislative laws
   • Courts can rule on legislative issure
   • Established Judicial Review of legislative action