The Marshall Court

Front 1

What is the Marshall Court known for?

Back 1

A time when natural and unenumerated rights were taken seriously even if not written down.

Front 2

When did the historic beginning of majority opinions begin?

Back 2

In Marbury v. Madison

Front 3

What was Marbury v. Madison about?

Back 3

It was a response to the Midnight Justices Act
The idea was if there is a right, then there is a remedy
However mandamus was not given because the Judiciary Act was found to violate Article II

Front 4

Why was Marbury v. Madison so important?

Back 4

This case established that the Supreme Court had judicial power over all issues arising from the Constitution and is the final say.

Front 5

Why does jurisdiction matter in this case?

Back 5

Because there is an inherent injustice in being your own judge: in this case the legislature.
Remember, though, that ordinary politics also provide a check on constitutionality.

Front 6

What is the vested rights doctrine, which was very important Pre-Civil War?

Back 6

Once one of a series off events has occurred causing a reasonable reliance on those rights, the state has not power to take back those rights except in instances for public purpose with proper compensation.

Front 7

What were some of Marshall's arguments in favor of the bank?

Back 7

1. Necessary cannot mean absolutely necessary because it would frustrate the purposes of the constitution
2. Power to incorporate is not fundamental (ex: Pres. Washington hiring secretary)
3. Congress is judge of its own means and how to execute enumerated powers
4. It is a Constitution we are expounding not a list of rules
5. Necessary and proper is among enumerated powers, not limitations (Section 8 v. Section 9) (structural argument because of location of the clause)
6. Reference to similar text

Front 8

What is the bank case?

Back 8

Maryland wants to be able to tax the national bank
Court says that if you allow one state to tax then not all the people are represented and a lower sovereign has dominion over a higher sovereign -- insult and unseemly theory

Front 9

What did Jackson's veto message for reauthorization of the bank rely on?

Back 9

That the oath to support the constitution is in individual one and the "competitive" model

Front 10

What was the understanding of the commerce clause during the Marshall Court era?

Back 10

That "regulate" related to trade and exchange, not production.
That when there is an affirmative state action and an affirmative federal action, then federal wins plenary.
Commerce + necessary and proper looks like a federal police power
"Among the States" means within the confines of the U.S. crossing state lines

That the power to regulate also leaves Congress free to not regulate -- dormant commerce power.

Front 11

What was the understanding of state's powers in regulating commerce?

Back 11

The state's do not have power to regulate directly but they can have an effect using the police power.

Front 12

Does the Bill of Rights pertain to the states during the Marshall era?

Back 12

No.