Justification for Judicial Review Flashcards
(2 cards)
Marbury v. Madison (Nature of Judicial Review)
F: Marbury was appointed
as a justice of the peace
by the former president
but the new president
was sworn in and his
commission was
delivered before the
presidency changed over.
New President refused
to deliver the judges
Appointment. Marbury
sought to make the court
force the President to
sign papers. Held: for
Marbury.
H:
The Judiciary Act of
1789 is unconstitutional
because the Supreme
Court does not have
original jurisdiction to
issue writ of mandamus.
If there is a conflict
between a law passed by
Congress and the
Constitution, then the
Constitution must
control, and the
offending law will be
void.
R:
The Supreme Court has
implied power from
Article IV §2 to review
official acts of the
government to
determine if they
comply with the
Constitution.
McCullogh v. Maryland
(Methods of
Interpretation
Necessary and Proper
Clause
Enumerated and Implied
Powers)
F:
In 1816, Congress passed
an act that incorporated
the Bank of the United
States. In 1817, the Bank
opened up a branch in
the state of Maryland
(plaintiff). In 1818, the
Maryland state
legislature passed an act
to impose a tax on all
out-of-state banks
operating in the state of
Maryland. Although the
act was general in
nature, the Bank of the
United States was the
only such bank in
Maryland at that time
and was thus the only
establishment affected
by the tax.
H:
Congress has the
Constitutional power to
charter a bank. States
cannot tax the national
government because the
national government
works for the people.
R:
Congress has the power
to tax and spend for
general welfare and all
else deemed necessary
and proper to carry out
enumerated powers. The
Necessary and Proper
Clause doesn’t require a
law to be absolutely
necessary. Law just needs
to be rationally related
to a goal with the proper
scope of congressional
power.
It matter because:
The power to charter a
bank is an implied
power that is incidental
to the enumerated
powers given to
Congress by the
Constitution under the
necessary and proper
clause. The Constitution
came from the people so
when the national gov’t
acts, they act on behalf
of the people so states
cannot infringe on the
national gov’t function
