Flashcards in Marshall Court Cases Deck (16)
What's the Marbury vs. Madison background?
Midnight Judges- try to pack the judiciary branch with federalists in new positions before Adams time in office ran out
Marshall, who doubled as Secretary of State and Supreme Court Judge was overworked and failed to deliver several commissions made, including Marbury's
Jefferson refused to give federal commissions and Marbury wants to issue a writ of mandamus to force Madison to approve his commission
What's the constitutions issues with Marbury VS Madison?
Does the Supreme Court have the power to issue a writ of mandamus ?
Checks and Balances
What was the decision of the Marbury/Madison Case?
NO to Marbury's writ!!!
The Judiciary Act of 1789 is unconstitutional adn the SUpreme court cannot issue a writ of mandamus
What was the significance of the Marbury/Madison Case?
Gave the Supreme Court the power of Judicial Review- Set a precedent
Power to the checks and balances of the gov't- Judicial branch begins to emerge as being more important
McCulloch/Maryland Case Summary
Second Bank of the US was established
Maryland does a tax on banks without state charters, meaning the Bank of the US
Bank refuses to pay the tax and Maryland takes it to state court where it wins, but then it's taken to the Supreme Court
What are the Constitutional Issues with McCulloch/Maryland?
Necessary and Proper Allowed for the bank, but how far does that power go?
Did states have the power to tax a national bank?
What is supreme: National or state law?
What was the McCulloch/Maryland decision?
Upheld Congress's power to make the bank
States can't tax the bank- interferes with national supremacy
Broad interpretation of Implied Powers
National Supremacy- Forbids the states to intrude on constitutional operations of the government
What was the significance of McCulloch/Maryland?
National Supremecy- NO state intrusion
Loose interpretation of the Implied Powers- More Federal Powers
Allowed the Nat'l Government to expand it's demands
What's the background of the Dartmouth/Woodward Case?
Dartmouth College was originally chartered byKing George III and then an agreement with New Hampshire State
1816- State makes an amendment so that the private college becomes public
People involved in the college are angry- state shouldn't have the right to change a charter
Power is a land grant argued
Violation of the Constitution- "No state shall pass any law impairing contracts"
What's the Dartmouth/Woodward Case constitutional issues?
Is a charter a contract?
Does the constitution protect private corporate charters
What was the Dartmouth/Woodward Case Decision?
In favor of Dartmouth
Charter of a private corporation is a contract
US Constitution forbade state legislature to change that agreement
What was the significance of the Dartmouth/Woodward Case Decision?
US Supreme Court could invalidate the state laws
Imposed restrictions upon the state legislature with regards to corporations
Gave the business corps security- encourage investment and stimulate economy
What's the background of Gibbons/Ogden?
Monopoly of the NY ship trade given to Ogden by NY state
Federal navigation license given to Gibbons by the federal government
Competition between the two shippers took it to the court
Gibbons says- Congress has complete power to regulate interstate commerce
Ogden says- Congressional commerce power only applies to transport/sale of goods, not navigation
What are the constitutional issues with Gibbons/Ogden?
What did "commerce" include and did congress have the power under commerce to regulate navigation?
Congress exclusive power or states also regulate interstate commerce?
What was the Gibbons/Ogden decision?
Ruled for Gibbons
Define Commerce broadly- includes navigation
If commerce state law interferes with federal law then federal law is supreme