Study your flashcards anywhere!

Download the official Cram app for free >

  • Shuffle
    Toggle On
    Toggle Off
  • Alphabetize
    Toggle On
    Toggle Off
  • Front First
    Toggle On
    Toggle Off
  • Both Sides
    Toggle On
    Toggle Off
  • Read
    Toggle On
    Toggle Off

How to study your flashcards.

Right/Left arrow keys: Navigate between flashcards.right arrow keyleft arrow key

Up/Down arrow keys: Flip the card between the front and back.down keyup key

H key: Show hint (3rd side).h key

A key: Read text to speech.a key


Play button


Play button




Click to flip

10 Cards in this Set

  • Front
  • Back
Marbury v. Madison
1803- est judicial review. Secretary of State James Madison refused to give William Marbury a commission as a justice after previous presidential administration had authorized the commission. Marbury sued under a writ of mandamus. Chief justice John Marshall dismissed Marbury's suit because he had sued under a writ of mandamus, and the Constitution did not include such writs within its listing of the powers of the Supreme Court. The Judiciary Act of 1789 authorized the Supreme Court to issue a writ of mandamus, but Marshall declared it unconstitutional = first time Supreme Court declared an act of Congress unconstitutional.
Fletcher v Peck
1810 (contracts and state laws)- First case to declare a state law void as a violation of the Constitution. When the public found out about bribes influencing the Georgia legislature to sell land to speculators, it elected a new legislature that rescinded the previous sale. The case involved the legality of the sale of a tract of land made before the second legislature rescinded the original transaction. John Marshall decided that the Georgiea legislature could not interfere with a lawfully executed contract. The contract clause of the Constitution overrode the state law.
Martin v Hunters Lessee
1816 (federal appellate jurisdiction over state courts) Concurrent federal and state jurisdiction didn't make the state and federal courts equal, and state judges must decide cases according to "the supreme law of the land," the constitution. Supreme Court appellate jurisdiction of state court cases enures a uniformity of constitutional decisions.
Dartmouth College v Woodward
1819 (contracts and state laws) In 1816 the state legislature of New Hampwhire took over Dartmouth College. The board of trustees sued to regain control. Supreme Court ruled the original charter was within the meaning of the contract clause of the constitution. The charter of a private corporation was protected by the Constitution and could not be altered by the people thru their legislature.
McCullock v Maryland
1819 (the elastic clause and federal state relations) COngress could est a bank under its implied powers a state could not tax a Federal agency ("power to tax = power to destroy" and would make a state = in power to the Federal gov.) Marshall ruled unconstitutional a law of the state of Maryland intended to destroy a branch of the Bank or the US by imposing a heavy tax oon its banknotes.
Cohens v Virginia
1821 ( federal jurisdiction over state cases involving federal rights) The Cohens were arrested and fined for selling lottery tickets in Virginia. They had sold Washington DC lottery tickets authorized by COngress, the government for the District of Columbia. The Cohens appealed their conviction. Marshall rules that the Suptreme COurt possessed the power to review state court decisions to see "whether that judgment be in violation of the COnstitution or the laws of the US," in this case the act of COngress authorizing the DC lottery.
Gibbons v Ogden
1824 (federal control of interstate commerce) Two steamboat operators clashed over their respective charters to control steamboats in NYC harbor. ONe had a charter from the fed government; the other had a monopoly grant from the state of NY. The decision affirmed exclusive control of interstate commerce even in the absence of fed legislation or action.
Cherokee Nation v Georgia; Worcester v Georgia
1831; 1832 (state laws, treaties and Indians) The Cherokee tried to stop a Georgia declaration that the laws of the CHerokee were null and void. The COurt ruled in the first case that while it lacked jurisdiction, the CHerokee Nation possessed some sovereignty, but not a foreign nation. In the second case, Marshall ruled that the laws of Georgia had no force w/in the territorial boundaries of the Cherokee Nation. Pres Jackson didn't do anything to enforce it.
CHarles River Bridge v Warren Bridge
1837 (contracts and the community's rights) Charles River Bridge Co sued to prevent the state of Mass from authorizing the construction of a new bridge across the Charles River. Chief justice Roger B Taney ruled that no charter granted to a private corporation permanently vested rights that might harm the public interest. The rights of the community supersede a broad interpretation of the private rights of a corporation. It is not the duty of the legislature to specify what the corporation charter does not say.
Commonwealth v Hunt
1842 ( a union's right to org) Massachusetts decision ruled that trade union org and strike tactics were legal