Con Law Cases

Question 1

McCulloch v. Maryland (1819) Pt. 1

Answer 1

Issue: Does Congress have the power to incorporate a bank?
Takeaway: Necessary and Proper Clause provisos
-Means must be “plainly adapted” to the enumerated end
-Means must not be “prohibited” by the Constitution
-Means must not be a “pretext” for an unenumerated power

Question 2

McCulloch v. Maryland (1819) Pt. 2

Answer 2

Issue: Is it constitutional for Maryland to use taxing power to drive out the bank?
Takeaway:
-power to create = power to preserve
-power to destroy is hostile to power to create and preserve
-where relationship exists, authority which is supreme must control

Question 3

Marbury v. Madison (1803)

Answer 3

Takeaway: Judicial review - court has power to declare laws unconstitutional

Question 4

Debs v. United States (1919)

Answer 4

Topic: First Amendment
Facts:
-Espionage Act of 1917 made it crime to convey info that would interfere with USA
-Debs, socialist, encouraged draft resistance
Takeaway:
words can be prohibited when they make clear and present danger of substantive evil Congress has right to prevent

Question 5

Brandenburg v. Ohio (1969)

Answer 5

Topic: First Amendment
Facts:
-KKK advocated revengance against Jews, blacks, and three branches of national government
Takeaway:
Can’t prevent speech or press unless where such advocacy is directed to inciting or producing imminent lawless action and is likely to produce that action