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19 Cards in this Set
- Front
- Back
Adams on his way out packed the Federal benches with federalist judges called midnight judges. When Jefferson and democratic republicans come into office they decide that they don’t want federal judges in and Marbury goes to Sp Ct to ask for his job back, Marshall says that it’s too late however this isn’t the most important fact. Judicial Review a system of checks and balances comes out of this case, the Supreme Court now has the power to say if an act of congress is constitutional or unconstitutional. Marshall decides this.
It had never been firmly established who had the right to decide if a law of congress was constitutional or not, this Marshall decision made it clear that it was the supreme court who would take this role. The U.S government had been divided up into three branches for the purpose of checks and balances, so that one branch did not have too much power. However the supreme court deciding what was constitutional and what was unconstitutional and their right of judicial review was completely ignored by president Jackson, who was quoted saying “John Marshall has made his decision, now let him enforce it”. The system of checks and balances can only be successful when all three branches work together. |
Marbury v. Madison
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Maryland wanted to levy a tax on the B.U.S in Baltimore, thus protecting their own banks. Marshall came out and said this was illegal because “the power to tax is the power to destroy” This case came out and declared the Bank of The United States is legal.
There had always been an argument about the Bank of The United States, and whether it was constitutional or not, Hamilton argued that it was under the necessary and equal clause, however there had never been a firm decision on the constitutionality of the Bank, this case, clearly states that a national bank is legal. |
McCulloch v. Maryland
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Regulation of interstate commerce.
N.Y gives a monopoly to Ogden to operate a steamboat between NY and NJ, Gibbons obtained a permit from congress to operate a steamboat in the same region. NY courts said that Ogden had the right to keep the monopoly. Marshall ruled that commerce included navigation and that only congress has the right to regulate commerce between states. This case protects congress’ right to regulate commerce between states, it establishes the federal govt as the power to control the whole country, and one state cannot make laws that interfere with another state, this once again puts the federal govt. above the state govt. and also sets a precedent for consistency over the whole nation |
Gibbons v. Ogden
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Prayer in classrooms violates the First Amendment.
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Engel v. Vitale
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Separate educational facilities are inherently unequal and unconstitutional.
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Brown v. Board of Education
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Quota systems based on race are unconstitutional, but affirmative action is constitutional.
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Regents of University of California v. Bakke
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People of African descent could not become citizens and the U.S. could not prohibit slavery in federal territories.
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Scott v. Sanford
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Segregated facilities for blacks and whites are constitutional. 'Separate but equal'
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Plessy v. Ferguson
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Freedom of speech not protected for speech that caused a 'clear and present danger'.
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Schenck v. US
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The President of the U.S. is not above the law.
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U.S. v. Nixon
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Federal government can regulate economic activity.
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Wickard v. Filburn
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the application of curfews against members of a minority group were constitutional when the nation was at war with the country from which that group originated
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Hirabayshi v. U.S.
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was a landmark United States Supreme Court case concerning the constitutionality of Executive Order 9066, which ordered Japanese Americans into internment camps during World War II.
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Korematsu v. U.S.
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Overturned democratic party's white primaries from grovey v. townsend
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Smith v. Allright
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Upheld white primaries.
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Grovey v. Townsend
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Allowed moment of silence but prohibited voluntary prayer.
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Jafree v. Wallace
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Declared school-sponsored Bible reading as unconstitutional.
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Schempp v. School District of Pennsylvania
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Declared prayers by religious figures at school-sanctioned events (graduations) unconstitutional.
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Lee v. Weissman
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Declared poll taxes unconstitutional.
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Harper v. Virginia State Board of Elections
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