Con Law

Front 1

5 Powers of Congress

Back 1

1. power to tax

2. to borrow money

3. to regulate commerce and currency

4. to declare wa

5. to raise armies and maintain the navy

Front 2

Writ of Ceratoriri

Back 2

A type of writ, meant for rare use, by which an appellate court decides to review a case at its discretion.

Front 3

Trail Courts

Back 3

a court of law where cases are tried in the first place

Front 4

General Jurisdiction

Back 4

Exists when courts authority to hear the case is not significantly restricted. Can hear a broad range of cases.

Front 5

Limited Jurisdiction

Back 5

When a courts authority to hear a case is restricted to certain typed of claims such as tax claims or bankruptcy petitions.

Front 6

Appellete Courts

Back 6

Opposite of original jurisdiction, it reviews the decision of the previous court. Not the facts of the case but whether the constitution was applied properly.

Front 7

Clinton V Jones

Back 7

(1997)

Jones was a worker of the Arizona Courts while Clinton was the Governor. Jones asserts that Clinton propositioned her to be his mistress after she agreed. Jones after Clinton was elected president sued for sexual harassment claiming that he accosted her.

POC= Whether or not a president can be sued for something that has nothing to do with his current term in office and happened prior.

A president has not special privilege outside of the law and can be held to suit like any other citizen granted the suit does not infringe on his ability to perform duties as the president.

Special privileges are not among the powers of the presidency and presidents do not have immunity to the law.

Sets the boundaries of presidential powers and restores faith in the laws holding our highest powered officials accountable for their actions.

Front 8

Marbury V Madison

Back 8

(1803)

William Marbury had been appointed a justice of the peace for the District of Columbia in the final hours of the Adams administration. When James Madison, Thomas Jefferson’s secretary of state, refused to deliver Marbury’s commission, Marbury, joined by three other similarly situated appointees, petitioned for a writ of mandamus compelling delivery of the commissions.

POC= Congresses power to make decisions for the court of law.

Chief Justice John Marshall, writing for a unanimous Court, denied the petition and refused to issue the writ. Although he found that the petitioners were entitled to their commissions, he held that the Constitution did not give the Supreme Court the power to issue writs of mandamus. Section 13 of the Judiciary Act of 1789 provided that such writs might be issued, but that section of the act was inconsistent with the Constitution and therefore invalid.

Although the immediate effect of the decision was to deny power to the Court, its long-run effect has been to increase the Court’s power by establishing the rule that ‘it is emphatically the province and duty of the judicial department to say what the law is.’ Since Marbury v. Madison the Supreme Court has been the final arbiter of the constitutionality of congressional legislation.

Congresses power to make laws that are not consistent with the constitution.

Front 9

McCullouch V Curtis

Back 9

(1819)

Maryland (P) enacted a statute imposing a tax on all banks operating in Maryland not chartered by the state. The statute provided that all such banks were prohibited from issuing bank notes except upon stamped paper issued by the state. The statute set forth the fees to be paid for the paper and established penalties for violations.The Second Bank of the United States was established pursuant to an 1816 act of Congress. McCulloch (D), the cashier of the Baltimore branch of the Bank of the United States, issued bank notes without complying with the Maryland law. Maryland sued McCulloch for failing to pay the taxes due under the Maryland statute and McCulloch contested the constitutionality of that act. The state court found for Maryland and McCulloch appealed.

POC= Does Congress have the power under the Constitution to incorporate a bank, even though that power is not specifically enumerated within the Constitution?Does the State of Maryland have the power to tax an institution created by Congress pursuant to its powers under the Constitution?

Yes. Congress has power under the Constitution to incorporate a bank pursuant to the Necessary and Proper clause (Article I, section 8).

No. The State of Maryland does not have the power to tax an institution created by Congress pursuant to its powers under the Constitution.

Above