Court Cases Flashcards
1
Q
Marbury v. Madison (1803)
A
Madison wins
- Republican secretary of state James Madison does not give commissions to judges appointed as Federalist Adams left office
- William Marbury appointed by Adams wanted SCOTUS to issue writ of mandamus to force Madison to deliver
- Brought only to the supreme court, therefore original jurisdiction
- Ruling: Marbury did have right to commission, writ of mandamus = legal route to get it, BUT court does not have authority to grant writ as Article III Section 2 said SCOTUS did not have original jurisdiction over nonabassadors or states, and Judiciary act expands original jurisdiction to office holders to issue writs of mandamus
- Effect: Judiciary Act partially cut down, SCOTUS now has implied power of judicial review
- Article VI, Clause 2 - Supremacy Clause
- Article III, Section 1, Clause 1 - Judicial power of US granted to Supreme Court
2
Q
McCulloch v. Maryland (1819)
A
- 2nd bank of US chartered, branch in Balitmore Maryland, Maryland taxes all banks in Maryland not chartered in Maryland out of existence
- Manager of Bank James McCulloch refuses, case goes through courts to SCOTUS
- McCulloch wins
- Bank was necessary and proper, even though Constitution did not explicitly give Congress the power
- As the implied power exerts the Constitutional powers which are supreme, the states cannot interfere (federal law always wins conflict w/state law, “power given to US from whole nation, not peoples from one state)
- Article I, Section 8, Clause 18 - Necessary and Proper clause
- Article 6, Clause 2/supremacy
- Amendment X - Powers not delegated to feds or withheld from states are given to states
3
Q
US v. Lopez (1995)
A
- High school senior Alfonso Lopez Jr. convicted of having a gun and bullets on school property
- GFSZA passed based on commerce clause, NOT 2nd amendment
- Lopez wins
- Carrying a gun in a school zone is not economic
- Did not affect economy in a significant manner
- If this = economic then anything = economic and anything = under Congress’ jurisdiction, contradicting principle of limited gov.
- Article I, Section 8, Clause 3/commerce clause
- Article I, Section 8, Clause 18 - Necessary and proper
- Past precedent of Wickard v. Filburn and Heart of Atlanta Motel v. US
