Chapter_9_2-5-08 - Chapter 9: United States Supreme Court...

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Chapter 9: United States Supreme Court Important cases from this chapter: Marbury v. Madison 1803 McCulloch v. MO 1819 Hammer v. Dagenhart 1918 Lochner v. NY 1905 1) Federal Government a) Created in the Constitution i) We are currently on the 2 nd edition of the Constitution ii) Articles of Confederation was the 1 st edition (1) Problem with it was that it had no power because the States were weary about having a central government b) Scope of Power i) Has expanded numerous times since its creation but always had significant power from its beginning of the Constitution ii) The federal government gains more power when a crisis occurs because they must take the action because the states themselves cannot take care of it (1) Civil War (a) Led to a very big expansion of power (2) WWI (3) WWII (4) 9/11 c) In order for the Congress to legislate anything they must be able to point to a provision in the Constitution that allows them to do so; if it is not stated in the Constitution then the Congress does not have the power to legislate it d) Commerce Clause i) “Congress can regulate inter-state commerce” ii) In Constitution from the beginning iii) ~ 85% of the Federal Law, including criminal code is based on the commerce clause iv) Inter-state commerce power (1) Gibbons vs. Ocbdan (a) Case is in chapter 9 (i) know it (2) Used in (a) War on Drugs (b) Racial Segregation (c) Terrorism (d) Sex discrimination (e) Example (i) You steal a car in Ohio and it was manufactured in MI? 1. Well guess what, since it was manufactured in MI and traveled across state lines to Ohio where you stole it the Feds can get you for a federal crime (f) Consider this
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(i) Guy in California made his own machine gun in his garage 1. Feds zapped him for a federal crime a. Lawyer argued he could not be prosecuted by Feds because the parts never traveled across state lines b. Prof was not sure what the conclusion of the case was though v) For 60 years the Supreme Court never stepped in and said that Congress was “over-using” their inter-state commerce power (1) Congress could even say burning down a house falls under the inter-state commerce power by saying things like it would affect something about
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This note was uploaded on 03/19/2008 for the course CJ 275 taught by Professor Dow during the Spring '08 term at Michigan State University.

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Chapter_9_2-5-08 - Chapter 9: United States Supreme Court...

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