Supreme Court Case GO

Marbury V. Madison Part of the Constitution

Article 3, section 2

Facts of Marbury v. Madison

Adams appointed several party members as federal judges and senate confirms them. Midnight Judges and so James Madison was told not to send the commission. Marbury wanted supreme court to issue a court order forcing the executive branch to deliver appointments to him.

Court holding of Marbury V. Madison

The court held that the provision of the Judiciary Act of 1789 is unconsititutional since it extends beyond the court’s original jurdistiction that was in the Constitution

Constitutional Significance of Marbury v. Madison

Marshal established the principle of judicial review, the power to declare a law unconstitutional. Federal government gains more power.

Mcculloch v Maryland Amendment/Part of the Constitution

Article 6- Supremacy Clause and Elastic Clause

Mcculloch v. Maryland facts

In 1818, Maryland passed legislation to impose taxes on the bank. In 1816, Congress chartered the Second Bank of the United States. Maryland was taxing this bank.

Mcculloch v. Maryland Holding

Maryland cannot tax the bank because federal law is superior to state law.

Mccullock v. Maryland Significance

This case upholds the supremacy clause. National government gains power.

U.S. v. Lopez Part of Constiution

Commerce Clause

Facts of U.S. v. Lopez

A high school student had a gun into his school was charged with federal crime from the “Gun-free School Zones Act of 1990” that was passed using the commerce clause

U.S. v. Lopez holding

The gun free-school zones act has nothing to do with the commerce clause.

Constitutional Signficance of U.S. v. Lopez

Congress power to use. The commerce clause is restricted.

Federalist NO.70

Hamilton argues for singular strong executive that is separate from legislature, dual executive could have different opinions and weaken the executive, benefits of strong executive separate from the legislative, protects liberty when faction, anarchy, and excessive ambition threatens it, Hamilton states how far presidential powers should go

Federalist NO.78

Hamilton addressed the power of the federal judiciary, under the Constitution the judicial branch would have the least amount of power, reaffirmed the power of judicial review(established in Marbury v. Madison), permanent tenure is essential(neither the power of purse or sword)