Unit 1: Supreme Court Cases Flashcards
McCulloch V. Maryland
Maryland passed legislature to impose taxes on the second bank (national) which the cashier of the Baltimore branch refused to pay. Maryland appealed the court saying that the constitution did not provide textual evidence for the federal government to charter the bank.
McCulloch V. Maryland - Constitutional Question
Did Congress have the authority to establish a bank? Did Maryland law unconstitutionally interfere with congressional power?
McCulloch V. Maryland - Articles in question
Article 1: Section 8
-“Necessary and Proper”
Article 6
-“Supremacy clause”
McCulloch V. Maryland - Majority Opinion
Unanimous - Congress had the power to incorporate the bank and Maryland could not tax instruments of the national government employed in the execution of constitutional power.
McCulloch V. Maryland - Reasoning
Necessary and Proper Clause covers all methods for furthering objectives covered by enumerated powers. Also held that well states retain power of taxation the constitution and laws made pursuance thereof are supreme and can not be controlled by the states.
U.S. V. Lopez - Facts of the case
Alfonzo Lopez carried a concealed weapon to school. He was charged under Texas Law with firearm possession on school grounds but the charges were dropped as he was charged federally.
US V. Lopez - Constitutional Question
Is the 1990 Gun Free schools act unconstitutional because it exceeds the powers of congress to legislate under the commerce clause.
US V. Lopez - Articles in Question
Article 1 - Section 8
-“Commerce”
Article 6
-“Supremacy”
US V. Lopez - Majority
The act exceeds commerce clause authority.
US V. Lopez - Reasoning
- It is not commerce, not economic
- It was not interstate
US V. Lopez - Dissenting reasoning
Future welfare is dependent on the children and this protects schools.
Guns are articles of commerce and can be used to restrain commerce.
