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11 Cards in this Set

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Marbury v. Madison (1803)
Can Marbury ask the Supreme Court to get his job and does the Supreme Court have the power to do so?

President Adams appointed Marbury along with others commissions which incoming president, Jefferson, refused to honor. Marbury went to the Supreme Court to have them force Jefferson to deliever the commissions.

Article III

6-0 in favor of Madison

The court found that Marbury was entitled to his commission but Madison (the new secretary of state) had no obligations to comply.
McCulloch v. Maryland (1819)
Can states take action to impede constitutional federal enterprises? Does Congress have implied powers in order to create a functioning federal government?

Congress created the Second Bank of the United States which opened a chapter in Baltimore. Maryland taxed the bank which president of the bank, McCulloch refused to pay.

Article 1, Clause 1 and 18

7-0 in favor of McCulloch

reason 1) the federal government is supreme because it follows the will of the people.
2) the legislature has implied powers granted by the Constitution
3) the court believed this followed the Necessary and Proper Clause which allws Congress to pursue an objective through their implied powers as long as they do not do anything that is explicitly forbidden by the Constitution.
Gibbons v. Ogden (1824)
Does New York have the jursidiction to regulate interstate commerce?

A merchant who did business between New Jersey and New York was forced to purchase a special permit in order to navigate the waters.

10th Amendment, Commerce Clause

6-0 in favor of Gibbons

New York does not have the jurisdiction to regulate interstate commerce because that power belongs to Congress exclusively.
Barron v. Baltimore (1833)
Does the 5th Amendment apply to the state governments as well as the national government?

Barron was the owner of a wharf that was damaged with silt build up in Baltimore Harbor due to construction by the city. He wanted his just compensation which he believed was granted by the 5th Amendment.

5th Amendment

7-0 in favor of Mayor and City Council of Baltimore

Marshall Court decided before even hearing Baltimore's side of the case. The Bill of Rights and Constitution only applys to the national government because state governments have their own constitution.
Munn v. Illinois (1877)
Can state governments regulate private businesses?

Munn, a partner from a Chicago warehouse firm, was charged with violating the state law of set price ceiling for the storage of grain. Munn argued that fizing the price by the government was taking property without due process of the law.

14th Amendment, Due Process Clause

7-2 in favor of Illinois

Chief Justice Waite argued that regulation was necessary "when such regulation becomes necessary for the public good."
Wesberry v. Sanders (1964)
Did Georgia's Congressional Districts deprive citizens of the full benefit of their right ot vote?

Congressional districts were broken up into groups of counties with no regard to population size. Wesberry of Fulton counry, which had 2-3 times the population of other counties, created an unequal representation of the people.

Article 1, Section 2

6-3 in favor of Wesberry

Supreme Court ruled that it was a violation of the Constitution with unequal representation
U.S. v. Nixon (1974)
Does the President have the wer to withhold information from other brances of government?

The Watergate Scandal required Nixon to turn over tapes that contained information vital to the case. He edited the tapes before handing them over. Nixon's attorney argued that hte president had executive privilege and this was a matter within hte executive branch

5th Amendment, Article III, due process clause

9-0 in favor of U.S.

The executive branch of the government cannot withhold information because it would be in conflict with the judicial systems duty to criminal persecutions granted by Article III. This case weakened the power of the presidency to keep evidence hidden from other branches of the government.
U.S. Term Limits v. Thornton (1995)
Can states change term qualifications that are mentioned in the U.S. Constitution?

Arkansas adopted Amendment 73 which created term limits. Any offical who had served 3 terms in the House of 2 in the Senate could not run for reelection

17th Amendment, Qualification Clause, Article 1

5-4 in favor of Thornton

The Constitution prohibits states from adopting laws that inhibit a group of possible candidates and placing qualifications for Congress. Allowing states to adopt their own congressional qualifications whould go against the framer's idea of a "union". This court decision overturned congressional qualifications adopted by other states.
U.S. v. Lopez (1995)
Can Congress prevent people from carrying guns into a school zone under he Commerce Clause?

Alfonzo Lopez brought a gun into his Texas high school. He was in violation of the Gun-Free School Zone. The federal government argued that it had jurisdiction becuase having a firearm onn school campus could lead to violence which would affect the economic conditions of the area.

Commerce Clause, Article 1, Section 8, Clause 3

5-4 in favor of Lopez

Court ruled that gun possession is not an economic activity and gun violence would not effect interstate commerce. Gun-Free School Zone is unconstitutional under the Commerce Clause.
Clinton v. New York City (1998)
Can the president selectively cancel specific portions of bills under the Line Item Veto Act?

Clinton was sued by New York City because Clinton's canellation of several portions of the Balanced Budget Act of 1997 hut the city's health care system.

Article 1, Presentment Clause

6-3 in favor of New York City

New York and the farmers' cooperative suffered sufficiently immediate and concrete injuries. There can be no individual selection of passages. Veto's canceled all or nothing of a bill.
Bush v. Gore (2000)
Should the State of Florida be able to recount votes for the 2000 presidential election?

The election ended in Florida with Bush as the winner but the election required a recount. There was a discrepancy with what counted as a vote and what didn't. The Supreme Court argued whether the Florida Supreme Court had the right to issue a recount.

14th Amendment: Equal Protection Clause, Article 2, Section 1, Clause 2

5-4 in favor of Bush

Florida's Supreme Court's scheme for recounting ballots was unconstitutional since it devalued the initial votes. Even with the recount was fair, the practive itself violated the Equal Protection Clause of devaluing the first votes. In reality, voting standards are to be determined by each district so the intent of hte voters as well as the value of one vote was severely skewed. Recounting the votes was a violation of the Equal Protection Clause.