Buy custom An Analysis Of Legal Reasoning
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| Topic: |
Philosophy
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| Number of pages / Number of words: |
15 / 3998 |
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The roots of legislative intent can be traced to the very beginnings of the Supreme Court; however, the most significant early case was Marbury v. Madison. The Court in Marbury declared the a section of the Judiciary Act of 1793 exceeded limits placed by the constitution and declared that section null and void(5 U...
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137 (1803)). Thereby, using legislative intent based in the constitution Chief Justice Marshall created a precedent: judicial review. Another good example of legislative intent being utilized is in the concept of the right to privacy in American law. Not so much the concept of privacy under the sole protection of the 4th amendment, looking at criminal action, but the right to privacy which has to do with protection of personhood or protecting the state from entering into decisions having to do with our relationships and selves...
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