AP Gov Supreme Court Cases

Constitutional Provisions: Maryland v McCulloch

10th Amendment: Reserved Powers

Article 1, Section 8, Clause 18: Congress has the right to implement necessary and proper laws

Article 6, Clause 6: US Constitution Supremacy

Maryland v McCulloch Summary

• Congress created national bank

• branch created in maryland

• branch competed with maryland’s private banks and interfered with the control of their own money

• maryland taxed the branch

• McCulloch denied taxation —> Maryland Sued

• Took to Supreme court

Maryland Argument

• No where in the Constitution is the right to make a National Bank given

• Interfered with reserved powers

• The control of tax was a concurrent power

• Interferes with states ability to control their own money

McCulloch Argument

• No where in the Constitution is creating a National Bank denied

• States cannot interfere with the laws passed by Congress; Maryland can’t tax the bank

• Constitution gives congress the right to collect and levy taxes

• Necessary and Proper clause gives congress the power to implement laws where they see fit

Maryland v McCulloch Dates

Argued: February 22-26, 1819

Reargued: March 1-3, 1819

Decided: March 6, 1819

Why did Maryland reject the National Bank"?

1. Competed with state banks

2. Managers of the bank were corrupt

3. Believed federal government held too much power by controlling paper money issued by states

Maryland v McCulloch Decision

• Unanimous vote for McCulloch

• National Bank was constitutional

• Creating a national bank was a necessary and proper clause

• Maryland cannot tax the bank

Constitutional Provisions: Marbury v Maryland

• Article 3, Section 2, Clause 2: Supreme court has the right to appellate jurisdiction and original jurisdiction (when involving federal agents)

• Judiciary Act of 1789: The supreme court can issue writs of mandamus

Original Jurisdiction

hearring a court case for the first time either in an inferior or higher level court

Appellate Jurisdiction

Hearing a case on a higher level after it was decided in an inferior court; can modify or reverse the decision previously made

Marbury v Madison Summary

• 17 judge positions were not filled by given commission at the end of the secretary of states term

• Madison was the new secretary of state

• Thomas Jefferson ordered Madison not to deliver commission to those 17 because of opposing political affiliations

• Marbury was one of the 17 not delivered commission and therefore not able to fill his seat

• Marbury brought case to Supreme Court

Marbury Argument:

• commission from president Adams was valid

• Judiciary Act of 1789 gives Supreme court the power to enforce the commission to be delivered

• The case falls under original jurisdiction of the supreme court

• Madison was required to obey Adams order of commission

Madison Argument

• Commission invalid because Adams’ term was over

• The appointment was political not judicial

• The case is appellate and should be tried on inferior courts first

Marbury v Madison Dates

Argued and Decided: February 24th, 1803

Marbury v Madison Outcome

• court voted unanimously that Madison was not required to deliver commission to Marbury

• The Judiciary Act of 1789 and Article 3, Section 2, Clause 2 were in conflict

• The supreme court did not have the authority to hear the case as an original jurisdiction

• Constitution was the supreme law of the land so overrides the Judiciary Act

• Gave the Judicial Branch equal power: “judicial review”

Baker vs Carr Summary

• outdated redistricting in Tennessee

• unfair or unequal voting

• appealed to supreme court after local court ruled that it was not their authority to hear the case

Baker v Carr Constitutional clauses

• 14th Amendment: Equal Protection Clause

US v Lopez Summary

US vs Lopez Constitutional clauses

• Commerce clause

• Necessary and Proper Laws (Article 1)