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Class Book Chapter: Judicial Review—Friedrichs v. California Teachers Association
(Final Draft)
Nichole L. Horner
3118434

LSTD497—Senior Seminar in Legal Studies
Professor James Barnery

Two hundred and thirteen years ago the Supreme Court presided over the case Marbury v. Madison, in a unanimous decision the court found in favor of Marbury. The court stated that Marbury had a right to his commission that was promised by President Adams before his exit from office . But, ironically Marbury would not receive his commission even though the courts had found in his favor. Marbury v. Madison had opened a door that went beyond Marbury’s commission, the case established a major historical precedent. The courts identified that the Judiciary Act of 1789 was in direct conflict with Article III of the Constitution . In Chief Justice Marshall's opinion, he identified that Congress could not give the Supreme Court the power to issue an order granting Marbury his commission. In the court’s ruling they found that the Constitution was …show more content…
California Teachers Association (CTA) the court has been asked to determine the constitutionality of imposing fair share/agency fees on non-union public sector members? Fees to which are stated to apply to the union’s collective bargaining agenda, in turn members and non-member reap the benefits of. But ****blah blah association to the unions beliefs**** The questions to be answered are: does the imposition of these agency fees violate a non-members First Amendment constitutional right to; both the right to speak freely and the right to refrain from speaking at all, if a constitutional right is violated is the violation justified by the added benefits enjoyed by the party whose rights were violated? A question not asked to the court but one that is important to answer is, what are the unions rights, are they being violated and how would a finding in favor of Fredrick effect the labor

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