GOVT 1111 Unit 1 and 2 Court Cases

GOVT 1111 Unit 1 and 2 Court Cases - Court Cases: 1....

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Court Cases : 1. Marbury vs. Madison : a. Background : i. Marbury was appointed by then President Adams Justice of the Peace of Washington DC. ii. By losing the elections, Adams wanted the Federalist to remain in control and this is why before leaving power he nominated the “Midnight Judges”, filled as many of the newly created circuit judgeships as possible before Jefferson entered as President iii. Marbury’s designation did not have time to be certified. iv. To be certified he needed the signature of the President and the seal of the State Department, whose Secretary was Madison. v. Adams had left office and Jefferson had won. He said to Madison not sign him. b. Problem : i. Marbury's argument is that in the Judiciary Act of 1789, Congress granted the Supreme Court original jurisdiction over petitions for writs of mandamus ii. Who wins that conflict, Congress or the Constitution? iii. Senate had approved Marbury, since it was full of Federalists. c. Decision : i. Marbury v. Madison was the first time the Supreme Court declared something " unconstitutional ," ii. Established the concept of judicial review in the U.S.
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1. the idea that courts may oversee and nullify the actions of another branch of government ). 2. Checks and balances 3. Constitution is the supreme law of the land iii. Chief Justice John Marshall declared that the Supreme Court did not have the authority to force Madison to make the appointment official.” [6] This statement actually challenged the Judiciary Act of 1789, which stated that the Supreme Court did, in fact, have the right to issue those writs. Marshall, therefore, ruled that that part of the Judiciary Act of 1789 was unconstitutional because the Constitution did not expressly grant this power to the judiciary.” [6] In deciding the constitutionality of an act of Congress, Marshall established judicial review , the most significant development in the history of the Supreme Court. 2. McCulloch vs. Maryland : a. Background : i. The state of Maryland had attempted to impede operation of a branch of the Second Bank of the United States by imposing a tax on all notes of banks not chartered in Maryland. ii. The Head of the Banks, McCulloch, said that he will not pay those taxes iii. Maryland filed a lawsuit and won saying: "the Constitution is silent on the subject of banks." iv. It was Maryland's contention that because the Constitution did not specifically state that the Federal Government was authorized to charter a bank, the Bank of the United States was unconstitutional . b. Problem : i. Therefore, McCulloch appealed to the US Supreme Court.
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c. Decision: i. The Court invoked the Necessary and Proper Clause in the Constitution , 1. Which allowed the Federal government to pass laws not expressly provided for in the Constitution's list of express powers as long as those laws are in useful furtherance of the express powers. ii.
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This note was uploaded on 12/13/2010 for the course GOVT 1111 at Cornell University (Engineering School).

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GOVT 1111 Unit 1 and 2 Court Cases - Court Cases: 1....

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