Court Cases

Question 1

Marbury v. Madison (1803)

Answer 1

Madison wins

1. Republican secretary of state James Madison does not give commissions to judges appointed as Federalist Adams left office
2. William Marbury appointed by Adams wanted SCOTUS to issue writ of mandamus to force Madison to deliver
3. Brought only to the supreme court, therefore original jurisdiction
4. 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
5. Effect: Judiciary Act partially cut down, SCOTUS now has implied power of judicial review
6. Article VI, Clause 2 - Supremacy Clause
7. Article III, Section 1, Clause 1 - Judicial power of US granted to Supreme Court

Question 2

McCulloch v. Maryland (1819)

Answer 2

1. 2nd bank of US chartered, branch in Balitmore Maryland, Maryland taxes all banks in Maryland not chartered in Maryland out of existence
2. Manager of Bank James McCulloch refuses, case goes through courts to SCOTUS
3. McCulloch wins
4. Bank was necessary and proper, even though Constitution did not explicitly give Congress the power
5. 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)
6. Article I, Section 8, Clause 18 - Necessary and Proper clause
7. Article 6, Clause 2/supremacy
8. Amendment X - Powers not delegated to feds or withheld from states are given to states

Question 3

US v. Lopez (1995)

Answer 3

1. High school senior Alfonso Lopez Jr. convicted of having a gun and bullets on school property
2. GFSZA passed based on commerce clause, NOT 2nd amendment
3. Lopez wins
4. Carrying a gun in a school zone is not economic
5. Did not affect economy in a significant manner
6. If this = economic then anything = economic and anything = under Congress’ jurisdiction, contradicting principle of limited gov.
7. Article I, Section 8, Clause 3/commerce clause
8. Article I, Section 8, Clause 18 - Necessary and proper
9. Past precedent of Wickard v. Filburn and Heart of Atlanta Motel v. US