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3 Cards in this Set
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Barron v Baltimore |
1833: came to the opposite decision of McCulloch v Maryland, supreme Court decided the bill of rights do not apply to the states/limits on gov do not apply to states. Baltimore was doing some construction that diverted the water away from Barron's wharf so he filed a lawsuit saying it was an "improper taking" without due compensation under the 5th amendment. Barron got $4,500 after suing the mayor of Baltimore, but the appellate court (scotus) reversed that ruling. Scotus says the bill of rights was meant to regulate the federal government not the states government.14th amendment overrides this by helping to incorporate the bill of rights so they apply to the states. This further established dual Federalism and later led to the civil war in 1860 because it says that the states do not have to listen to the federal government. |
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McCulloch v Maryland |
1819: power of national gov (Congress) to charter banks. Scotus ruled that when national and state law conflict, national comes out on top. Had to do with the commerce clause/necessary and proper clause. Chief Justice John Marshall said that Congress had the power to enact laws "necessary and proper" for executing its substantive power. |
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Marbury v Madison |
1803: Established that the court had real power and could exercise that power. Marbury had been appointed justice of the peace in the district of Columbia in the final hours of Adams admin but james madison, Jefferson's secretary of state, refused to deliver marbury's commission. What happened to marbury's commission, why wasn't it delivered? There is an actual trial which rarely happens. Jefferson admin doesn't show up because they don't think scotus has any real power. There are two kinds of decisions by president: 1) president at his own discretion, 2) president acts by law then the court can review the decision. Established that the supreme Court can declare a congressional act void if it is inconsistent with the Constitution (judicial review). |
