AP Gov Summer Homework.pdf - Chain 1 Jesslyn Chain Ms Defee AP Government 19 August 2019 AP Government Summer Homework Marbury v Madison(1803

AP Gov Summer Homework.pdf - Chain 1 Jesslyn Chain Ms Defee...

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Chain 1 Jesslyn Chain Ms. Defee AP Government 19 August 2019 AP Government Summer Homework Marbury v. Madison (1803) Constitutional Question: Does the Supreme Court of the United States have the power, under Article III, Section 2, of the Constitution, to interpret the constitutionality of a law or statute passed by Congress? Background information: In his last few hours in office, President John Adams made a series of “midnight appointments” to fill as many government posts as possible with Federalists. One of these appointments was William Marbury as a federal justice of the peace. However, Thomas Jefferson took over as President before the appointment was officially given to Marbury. Jefferson, a Republican, instructed Secretary of State James Madison not to deliver the appointment. Marbury sued Madison to get the appointment he felt he deserved. He asked the Court to issue a writ of mandamus, requiring Madison to deliver the appointment. The Judiciary Act, passed by Congress in 1789, permitted the Supreme Court to issue such a writ. Opinion: The Court decided that Marbury’s request for a writ of mandamus was based on a law passed by Congress that the Court held to be unconstitutional. The Court decided unanimously that the federal law contradicted the Constitution, and since the Constitution is the Supreme Law
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Chain 2 of the Land, it must reign supreme. Through this case, Chief Justice John Marshall established the power of judicial review: the power of the Court not only to interpret the constitutionality of a law or statute but also to carry out the process and enforce its decision. “Marbury v. Madison.” Oyez , 11 Apr. 2019, United States V. Lopez (1995) Constitutional Question: Does the 1990 Gun-Free School Zones Act overstep Congress’ power to legislate under the Commerce Clause? Background Information: In San Antonio, Texas, a senior in high school named Alfonso Lopez brought a concealed weapon on school premises. The State pressed charges under a Texas statute, which were dismissed when Lopez was charged with violating a federal criminal statute: the 1990 Gun-Free School Zones Act. Lopez was given a six months’ imprisonment sentence, to be followed by two years’ supervised release. Opinion: Congress was overstepping when it interfered and charged Lopez under the 1990 Gun-Free School Zones Act. Congress would have needed substantial evidence that Lopez’s actions interfered with state commerce. “United States V. Lopez.” Oyez , 18 Aug. 2019, McCulloch V. Maryland (1819) Question: Can Maryland tax banks, and does Congress even have power under the constitution to create a bank? Background: Congress created The Second Bank of the United States. Maryland passed a law to tax banks, and then James W. McCulloch, as cashier of the Baltimore branch, refused to pay the tax. It was taken to court, and the state argued that the tax had to be paid, and Congress didn’t
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Chain 3 even have the right to charter the bank as it isn’t outlined as within their powers under the Constitution.
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