Court Cases - Marbury v Madison, 1803: Section 13 of the...

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Marbury v Madison , 1803: Section 13 of the Judiciary Act of 1789 is unconstitutional to the extent it purports to en- large the original jurisdiction of the Supreme Court beyond that permitted by the Consti- tution. Congress cannot pass laws that are contrary to the Constitution, and it is the role of the Federal courts to interpret what the Constitution permits. See Judicial Review. McCullough v Maryland, 1819 Although the Constitution does not specifically give Congress the power to establish a bank, it does delegate the ability to tax and spend, and a bank is a proper and suitable instrument to assist the operations of the government in the collection and disbursement of the revenue. Because federal laws have supremacy over state laws, Maryland had no power to interfere with the bank's operation by taxing it. Maryland Court of Appeals reversed. Gibbons v Ogden, 1824 The New York law was found invalid due to the Supremacy clause. The interstate com- merce clause designated power to Congress to regulate interstate commerce. Darby v U.S. . 1941 The Fair Labor Standards Act was a constitutional exercise of Congressional power un- der the Commerce Clause. Barrons v Baltimore , 1833 State governments are not bound by the Fifth Amendment's requirement for just com- pensation in cases of eminent domain. Gitlow v New York , 1925 Though the Fourteenth Amendment prohibits states from infringing free speech, the de- fendant was properly convicted under New York's criminal anarchy law for advocating the violent overthrow of the government, through the dissemination of Communist
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This note was uploaded on 04/07/2008 for the course GOVT 100 taught by Professor May during the Fall '08 term at Vanderbilt.

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Court Cases - Marbury v Madison, 1803: Section 13 of the...

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