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PS 371 > Second Test > Flashcards

Second Test Flashcards

1
Q

What is the legal issue of Marbury v Madison?

A

Do the justices have power to order executive to deliver commission?

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2
Q

What was the reasoning in Marbury v Madison?

A

Outside of Jurisdiction, relied heavily on interpretation of the Judiciary Act of 1789

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3
Q

What was the decision in Marbury v Madison?

A

YES, Marbury has a right to his commission
YES, the Constitution offers a remedy for it
YES, writ of mandamus is the proper remedy
NO, the writ cannot be issued by the Supreme Court

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4
Q

What is the legacy of Marbury v Madison?

A

Made it clear that federal courts had power to declare federal laws unconstitutional

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5
Q

What is the legal issue of Hunter v Martin’s Lessee?

A

Does appellate power of the Supreme Court expand to state courts?

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6
Q

What is the reasoning of Hunter v Martin’s Lessee?

A

Article III and Supremacy Clause

-It’s the spirit of the constitution to maintain uniformity of decisions

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7
Q

What is the decision in Hunter v Martin’s Lessee?

A

YES, the power of the Supreme Court expands to state courts

NO, the state of Maryland cannot tax the bank

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8
Q

What is the legacy of Hunter v Martin’s Lessee?

A

Asserted that federal courts could review rulings of state courts on federal laws

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9
Q

What is the issue in McCulloch v Maryland?

A

Does the Constitution allow Congress the power to incorporate a bank? Did the Maryland law unconstitutionally interfere with congressional powers in trying to tax the bank?

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10
Q

What is the reasoning in McCulloch v Maryland?

A

federal supremacy→ constitution derives authority from the people, not state governments
Necessary and proper clause confirms existence of implied powers
No state can pass a law that is inconsistent with federal power
Power to tax involves power to destroy

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11
Q

What was the decision in McCulloch v Maryland?

A

YES, Congress has power to incorporate a bank

NO, Maryland does not have

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12
Q

What is the issue in Gibbons v Ogden?

A

Is the NY statute an unconstitutional intrusion of federal authority to regulate interstate commerce?

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13
Q

What is the reasoning in Gibbons v Ogden?

A

commerce is defined as ALL “commercial intercourse”

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14
Q

What was the decision is Gibbons v Ogden?

A

YES, the statute is unconstitutional as the commerce clause gives congress absolute power to do whatever it sees fit when regulating “commerce which concerns more states than one”

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15
Q

What is the issue in Priggs v Pennsylvania?

A

Did Pennsylvania’s law prohibiting the extradition of fugitive slaves…
Violate Article IV, Sec 2 (fugitive slave clause) of the Constitution?
Violate the Fugitive Slave Law of 1793 as applied to the states?

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16
Q

What is the reasoning in Priggs v Pennsylvania?

A

Fugitive Slave Act of 1793 is constitutional as it offers special protection for that “species of property”
PA laws are unconstitutional because federal power over extradition process is exclusive
Allowing states to regulate would amount to “power to destroy the rights of owners”

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17
Q

What is the decision of Priggs v Pennsylvania?

A

YES, it violated both

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18
Q

What is the issue in Dred Scott v Sanford?

A

Is Dred Scott a citizen eligible to bring a law suit in federal court? Can congress prohibit slavery in the territories (is Missouri Compromise constitutional)?

19
Q

What is the reasoning in Dred Scott v Sanford?

A

citizenship in a state does not automatically suggest U.S citizenship
Constitution does not permit people to be deprived of property
Slavery is only property specifically mentioned in constitution and thus gets special protection

20
Q

What was the decision in Dred Scott v Sanford?

A

NO to both issues

  • Former slaves and descendants can never be American citizens
  • Congress cannot ban slavery in territories
  • Missouri Compromise is unconstitutional
21
Q

What is the legal issue in Ex Parte Merryman?

A

Does the Constitution allow the president to suspend the writ of habeas corpus in times of an emergency?

22
Q

What is the reasoning in Ex Parte Merryman?

A

Art I, Sec 9 explicitly prohibits suspension of habeas corpus except by acts of congress
Civilians cannot be tried by military commission which would violate the due process clause of the 5th amendment

23
Q

What was the decision in Ex Parte Merryman?

A

NO, presidential suspension of habeas corpus is unconstitutional

24
Q

What was the issue in Hammer v Dagenhart?

A

Did Congress overstep its authority under the Commerce Clause or violate state sovereignty under the 10th amendment by enacting the Keating-Owen act?

25
Q

What was the Keating Owen act?

A

banned interstate commerce from factories and mines that employed children in an attempt to address child labor

26
Q

What was the reasoning in Hammer v Dagenhart?

A

Congress has no power in this instance (purpose of the law is to regulate production/manufacture); previous cases that allow regulation rested on the character of the object being regulated

27
Q

What was the decision in Hammer v Dagenhart?

A

YES, Congress did overstep its authority under the Commerce Clause and violated state sovereignty under the 10th Amendment by enacting the Keating-Owen Act

28
Q

What was the legal issue in Pollock v Farmers’ Loan and Trust co?

A

Was the income tax a direct tax in violation of the Art. I, Sec. 9 of the Constitution?

29
Q

What was the decision in Pollock v Farmers’ Loan and Trust co?

A

Yes, Congress did violate Art. 1 section 9

30
Q

What was the reasoning in Pollock v Farmers’ Loan and Trust co?

A

taxes must be uniformly imposed on all across the country, whereas taxing the shareholders was meant only to punish the rich

31
Q

What was the legal question in Bailey v Drexel Furniture co?

A

Did Congress violate the Constitution in adopting the Child Labor Tax Law in attempting to regulate the employment of children, a power reserved to the states under the Tenth Amendment?

32
Q

What was the decision in Bailey v Drexel Furniture co?

A

yes, congress did overstep its boundaries

33
Q

What was the reasoning in Bailey v Drexel Furniture co?

A

the law did more than pose an incidental restraint, but instead acted as a true penalty; it intrudes state authority to regulate child labor

34
Q

What was the legal issue in United States v E.C. Knight Company?

A

Did Congress exceed its constitutional authority under the Commerce Clause in regulating the Sugar Trust?

35
Q

What was the decision in United States v E.C. Knight Company?

A

Yes Congress exceeded their authority under the commerce clause

36
Q

What was the reasoning in United States v E.C. Knight Company?

A

Commerce does not cover all economic activity; EC Knight was more manufacturing, therefore it was an overreach

37
Q

Champion v Ames was known as the exception to the decision of which case?

A

United States v E.C. Knight Company

38
Q

What was the legal issue in Champion v Ames?

A

Does Congress have the power to regulate lottery tickets moving across state lines?

39
Q

What was the decision in Champion v Ames?

A

Yes, congress has the power to regulate interstate lottery

40
Q

What was the reasoning in Champion v Ames?

A

congress can suppress things they deem to be “nuisances” to the public

41
Q

What was the legal issue in The Prize Cases?

A

Lincoln called a blockade before receiving congressional approval; Did Lincoln act within Article II authority when ordering the seizure prior to congressional declaration of war?

42
Q

What was the decision in The Prize Cases?

A

Yes, Lincoln acted within the bounds of the Constitution

43
Q

What was the reasoning in The Prize Cases?

A

The country was already in a de facto state of war; congress retroactively approved Lincoln’s actions without doing so formally

PS 371 (3 decks)

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