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In this amazing knowt you will review all of the important and major supreme court cases that have shaped the rules into what they are today.
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Marbury V. Madison
Background
Constitutional Question
Decision
Significance
Key Concept
Marbury V. Madison Background
Background: Right before leaving the office due to losing the election John Adams appointed Marbury to be the Justice of Peace. However although the commission was signed Marbury never got the commission showing that he acutally got the job. When Jefferson became president, he told James Madison not to deliver it. Marbury sued.
Marbury V. Madison Constitutional Questions
Did Marbury have a right to the Commission?
If his right was violated should the court provide a solution.
Did the supreme court have the power to order them to give him his commission.
Marbury V. Madison Decision
John Marshall ruled:
Yes Marbury had a right thoe commission
The court ruled that once a right was violated they deserved a legal solution.
However even though Marbury asked for a writ of mandamus which was basically asking them to fix the issue, they couldn’t becuase it would require powers that were not given to SCTOSU by the constitution.
Marbury V Madison Signifiance and Key Concept
Judicial review
McCulloch V Maryland (1819) Background
Congress created the second bank of the U.S and it was run by the fedearl government in Maryland.
Maryland didn’t like the bank due to the 2 main reasons:
It gave the federal government more power
It competed with state banks
Because of this Maryland decided to tax the national bank.
James Mculloch - the manager of the bank
Maryland sued him due to this.
McCulloch V Maryland (1819) Constitutional Question
Constitutional Question:
Can Congress create a national bank?
Can Congress do things not in the Constitution
Can a state tax the federal government.
McCulloch V Maryland (1819) Decision
Decision: Chief Justice John Marshall ruled in McCulloch’s favor.
Yes Congerss can create a bank - They can use the Neccessary and Proper Clause
No States, cannot tax the bank.
Famous Quote: “The power to tax involves the power to destroy.”
This means that states would be able to wipe out fedearl institutions.
McCulloch V Maryland Significance.
Engel V. Vitale (1962) (ESTABLISHMENT CLAUSE)
Background:In New York Schools, students were asked to recite a short, government written prayer at the start of each day.
Important things to remember:
It was not tied to a specific religion
Students were allowed to pot out.
Parents argued government should not be promoting prayers at public schools and they decided to sue the school district.
Engel V. Vitale (1962) Constitutional Questions
Does government-sponsored prayer in public schools violate the Establishment Clause of the First Amendment?
The establishment clause was already a thing but it only applied at the federal level and not the state level. That changed through a different process called selective incorporation. - 14th amendment
Engel V. Vitale (1962) Decision
The supreme Court ruled 6-1 in the parents favor.
The government cannot establish or promote religion. Even thought it was optional it was still government involvement in religion.
Engel V. Vitale (1962) Significance