Unit 2 complete Study guide

studied byStudied by 1 person
0.0(0)
get a hint
hint

What legal proposition did Marbury v. Madison establish?

1 / 207

encourage image

There's no tags or description

Looks like no one added any tags here yet for you.

208 Terms

1

What legal proposition did Marbury v. Madison establish?

Established the authority of the federal courts to declare a law passed by Congress unconstitutional and therefore void

New cards
2

What position did John Adams appoint William Marbury to?

Justice of the peace in DC

New cards
3

Why was Marbury unable to assume his office?

Last minute mixup due to change in admin Commission from Pres was never delivered by the Secretary of State

New cards
4

What did Marbury ask James Madison to do?

Deliver to him his commission

New cards
5

If the SC had issued the writ of mandamus

what would have happened?

New cards
6

4 legal issues Marshall considered in Marbury v. Madison

Does Marbury have legal right to position of justice of peace

New cards
7

In the Marbury opinion what did Marshall say about Marbury’s right to the commission?

Marbury was entitled to the office

New cards
8

What did Marshall say about whether the law gave Marbury a remedy?

There was non

New cards
9

Why was the issue of whether the SC could issue a writ to the Secretary of State controversial?

Fear that the judiciary might seize this opportunity to establish its authority to direct high officers of the executive branch how to discharge their official responsibilities

New cards
10

What did Marshall say about whether mandamus was the proper remedy?

They should show that some provision of the law authorizes him to bring him in that court Brought case directly to the SC

New cards
11

Why did Marshall conclude that the SC could not issue a writ of mandamus?

SC usually deals with appellate jurisdiction Therefore cant bring directly to SC without lower courts

New cards
12

What part of the Marbury opinion did the press criticize

An extraordinary writ could be in some circumstances directed to a high official of the exec branch

New cards
13

Which party won the Marbury case?

The republicans

New cards
14

Why did the result in Marbury make it seem that Pres Jefferson won?

He denied the order that would have forced Jefferson to issue a judicial commission

New cards
15

What was the “silver lining” for Marshall and the SC in the Marbury result?

Gotten the right to examine and decide the ultimate constitutionality of all acts of Congress that one challenged in Court

New cards
16

Why would an outside observer (like De Tocqueville)

after observing American political life

New cards
17

What 3 characteristics do American judges share with judges in other countries?

Duty of Arbitration- can only pronounce a case when litigation has arisen It pronounces on special cases

New cards
18

If American judges share these characteristics with judges in other countries

why do American judges have immense political power that judges in other countries don’t (How is the American constitution different from the French and British systems?)

New cards
19

In America

how can magistrates (judges) be “reduced to obedience”?

New cards
20

What part of the constitution outlines judicial review

Article III- Section 1 and 2

New cards
21

Federalist No. 78

Whose duty it must be to declare all acts contrary to the manifest tenor of the constitution void” “Whenever a particular statute contravenes the constitution

New cards
22

What year did Marshall become chief

1801

New cards
23

Why couldn’t the Court decide Marbury in 1802

Congress canceled the SC from sitting

New cards
24

Marshalls 1st legal issue

Does Marbury have a right to the commission?

New cards
25

Does Marbury have a right to the commission?

Yes

New cards
26

What is Marshalls 2nd legal issue

If Marbury has a right

New cards
27

If Marbury has a right

does the law give him a remedy?

New cards
28

What is Marshalls 3rd legal issue

May the judiciary issue a writ of mandamus to force the President to enforce the law?

New cards
29

May the judiciary issue a writ of mandamus to force the President to enforce the law?

If matter of discretion (like foreign policy)

New cards
30

What is Marshalls 4th legal issue

May the SC issue a writ of mandamus?

New cards
31

May the SC issue a writ of mandamus?

No

New cards
32

One strategy the Supreme Court used to gain public acceptance of its rulings in Brown I was to wait until it issued Brown II. How much time elapsed between these two rulings?

A year

New cards
33

What did Brown 1 do?

Held racially segregated schools as unconstitutional

New cards
34

What did Brown 2 do

Acknowledged that the ruling created administrative problems but emphasized the primary responsibility and that the court would have to consider these problems in determining if putting significant effort

New cards
35

What did the “all deliberate speed” mandate issue

An apology for setting precise guidelines and also a recognition of a limitation

New cards
36

What was the limitation that the “all deliberate speed” mandate adressed?

The limitation of judicial powers

New cards
37

De jure segregation

Segregation enforced by laws prohibiting the integration of public schools

New cards
38

De facto segregation

Caused by socioeconomic conditions ex. housing patterns

New cards
39

Why does Rosenburg believe courts are “important to produce significant social reform”?

Brown’s failure to achieve immediate and widespread desegregation is instructive Constrained court- three institutional factors limit judicial policymaking Lack of judicial independence Judiciary’s lack of powers of implementation A dynamic court- emphasizes judiciary’s freedom

New cards
40

According to Matthew Hall

when are SC rulings least likely to be respected?

New cards
41

Counter majoritarian

The Court usually registers public opinion Lin legitimating policies of the prevailing national coalition

New cards
42

What did the Southern Manifesto attempt to bring about?

Challenges the authority of the Court and declared that they would bring about a reversal of Brown v. Board

New cards
43

What is the process for amending the Constitution

two thirds of house must deem necessary

New cards
44

How many SC decisions have been expressly overturned by constitutional amendments?

Six cases

New cards
45

What amendment overturned Chisholm v. Georgia?

11th amendment- lawsuits against states

New cards
46

What amendment overturned Dred Scott v. Sanford?

the 13th and 14th amendment- abolished slavery

New cards
47

What amendment overturned Pollock v. Farmers Loan and Trust Co.

16th amendment- federal income taz

New cards
48

What amendment overturned Oregon v. Mitchell

26th amendment- voting age

New cards
49

What amendment overturned Minor v. Happersett?

19th amendment- women’s suffrage

New cards
50

What amendment overturned Breedlove v. Suttles

14th amendment- polling tax

New cards
51

Between 1967 and 1990

how many times did Congress override the SC interpretation of statutes?

New cards
52

Can Congress overturn the SC’s interpretation of the Constitution by passing a statute?

No

New cards
53

In general terms

what dispute was U.S. District Judge Davies asked to rule on in Arkansas in the fall of 1957?

New cards
54

What is the writ of habeas corpus?

Trestraint on the power of the government

New cards
55

What did Lincoln allow the Union army to do when he suspended the writ?

Arrest civilians without a warrant

New cards
56

How can one view the conflict between Lincoln and Taney as a moment that the rule of law was respected

Taney did not bring Lincoln directly to the court

New cards
57

Who did Andrew Jackson appoint as Chief to succeed John Marshall

Roger B. Taney

New cards
58

What tentative agreement did the justices reach in their conference on the merits after oral argument in Dred Scott?

No need to determine whether the Missouri compromise was constitutional Need only to decide whether Missouri law governed the question fo whether Dred Scott remained a slave

New cards
59

Why did the decisions to dissent made by Justices McLean and Curtis change the tentative agreement the justices reached in conference?

Justice John Catron wanted to dabble in democratic politics

New cards
60

What ethical breach did Justice Catron engage in (there are two

but just identify the first one that sought to change a justice’s vote)?

New cards
61

How did Chief Justice Charles Evans Hughes describe Dred Scott?

A self-inflicted wound that would take the court at least a generation to recover from

New cards
62

Rule of Law

We live with the government being forced to follow the law

New cards
63

Why do people obey authority?

Justice Breyer and Cicero- Fear of punishment

New cards
64

Worcester v. Georgia (1832)

Gave land to Cherokees in Georgia This case struck down Georgia’s Cherokee law because it conflicted with a federal treaty Georgia loses to the Supreme Court Georgia does nothing

New cards
65

Brown 1

·      You can’t segregate

New cards
66

Brown 2

Must desegregate at all deliberate speed

New cards
67

What was the Southern Manifesto

Called for massive resistance to integration Many states pass laws supporting such

New cards
68

What act forced many states to start following Brown?

1964 Federal Civil Rights Act

New cards
69

When are cases most impactful

When handed out through lower courts and a popular opinion

New cards
70

How can Congress overturn SC rulings

Passing a statute

New cards
71

What gov body granted Mr. Ogden a license to operate a steamboat

Got from Robert Fulton who got from NY legislature

New cards
72

Where did Mr. ogden have an exclusive license to operate?

Across the Hudson River between NY and Elizabethtown

New cards
73

What gov body granted Mr. Gibbons a license to operate a steamboat?

Act passed by Congress in 1793

New cards
74

What does the Necessary and Proper Clause in Article 1, Section 8 empower Congress to do?

Make all laws which should be necessary and proper for carrying into execution of foregoing powers

New cards
75

What tax did the Maryland legislature pass in 1818?

A tax on all banks or bank branches operating in the state that were not chartered by the legislature

New cards
76

On what legal ground did Maryland attack the national bank?

Congress had not been granted by the Constitution any authority to charter a bank, and therefore the Bank of the US was not a true instrumentality of the federal gov.

New cards
77

On what express power did Marshall reject Maryland’s argument, that is reserved for Congress?

Raising and Collecting taxes

New cards
78

On what legal grounds dis Marshall conclude that Maryland could not tax the national bank?

It goes against the Constitution and is therefore unconstitutional

New cards
79

Why did the Court decide in Gibbons that commerce (buying and selling goods) included transportation?

A definition confined to the buying, selling, and trading of goods while ignoring how articles of commerce got from here to there was not acceptable

New cards
80

Why did Mr. Dagenhart sue the federal government in Hammer v. Dagenhart?

Wanted sons to work, after banning of child labor On the grounds that Congress’s authority to regulate interstate commerce did not reach this far

New cards
81

What constitutional provision did the Supreme Court rely on to strike down the federal law regulating child labor?

The condition of labor at factories within the states was a matter for regulation by the states rather than for regulation by Congress under the Interstate Commerce Clause

New cards
82

Very generally, what crimes were the Schechter brothers charged with?

Offering unfit chickens for sale and not offering minimum wage to workers

New cards
83

What two legal reasons did the Supreme Court give for ruling that Congress lacked the power to enact the National Industrial Recovery Act’s Live Poultry Code?

The chickens at issue were only being sold by intra-state buyers NIRA gave the Roosevelt administration too much power to control the economy through the use of the fair practice codes

New cards
84

What are congress’s enumerated powers

To lay and collect taxes To regulate commerce To make all laws which shall be necessary and proper

New cards
85

Supremacy Clause

The constitution shall by the supreme law of the land

New cards
86

Tenth amendment

Powers not delegated to federal gov by the Constitution is for the state or people

New cards
87

What was the facts of McCulloch v Maryland (1819)

Facts: The US established a national bank. Maryland taxed it. US did not pay. Maryland sued.

New cards
88

What was the legal issues of McCulloch v Maryland (1819)

Legal issue: Does the constitution empower Congress to create a national bank? If so, may Maryland Tax the bank

New cards
89

What was the law concerned in McCulloch v Maryland (1819)

Law: ·      Taxing power- Article 1 Sec. 8: have power to lay and collect taxes ·      Necessary and proper clause ·      Supremacy Clause

New cards
90

What was the holding of McCulloch v Maryland (1819)

Holding: Yes. No.

New cards
91

What was the legacy of McCulloch v Maryland (1819)

Legacy- the Constitution lives

New cards
92

What are the facts of Gibbons v. Ogden?

Facts: NY granted Ogden an exclusive license to operate in the Hudson River.  The feds granted Gibbons a license to operate in the Hudson River. Ogden sued. New York courts stopped Gibbons from operating his boats.

New cards
93

What are the legal issues in Gibbons v. Ogden?

Legal issues: Does the commerce clause give the federal government the power to regulate transportation between states

New cards
94

What law issues are in Gibbons v. Ogden?

Law: ·      Commerce Clause- Article 1 Sec. 8- “The congress shall have Power… to regulate commerce with foreign nations and among the several states”

New cards
95

What are is the holding of Gibbons v. Ogden?

Holding: Yes, transportation is commerce So, Gibbons can operate, not asked to rule if exclusive right was okay

New cards
96

What did the Supreme Court do on Black Monday that Pres. Roosevelt really disliked

Invalidate three cases regarding New Deal legislation

New cards
97

What did FDR announce to Democratic Congressional leaders at the White House on Feb 5th, 1937

That the Court stood as a roadblock to the progressive reforms that the people want Called for reorganization of the SC

New cards
98

What reaction did the House Judiciary Committee Chairman have to the reorganization plan?

Chairman opposed the plan immediately, he had great influence over the rest of the committee

New cards
99

Who were the four horsemen of the SC

Willis Van Devanter James C Reynolds George C. Sutherland Pierce Butler

New cards
100

Who led the Roosevelts Judicial reorganization plan in the Senate?

Senator Joe Robinson

New cards

Explore top notes

note Note
studied byStudied by 86 people
Updated ... ago
5.0 Stars(1)
note Note
studied byStudied by 46 people
Updated ... ago
5.0 Stars(1)
note Note
studied byStudied by 1461 people
Updated ... ago
4.6 Stars(7)
note Note
studied byStudied by 10 people
Updated ... ago
5.0 Stars(1)
note Note
studied byStudied by 466 people
Updated ... ago
5.0 Stars(4)
note Note
studied byStudied by 11 people
Updated ... ago
5.0 Stars(1)
note Note
studied byStudied by 1 person
Updated ... ago
5.0 Stars(1)
note Note
studied byStudied by 1184 people
Updated ... ago
5.0 Stars(9)

Explore top flashcards

flashcards Flashcard41 terms
studied byStudied by 4 people
Updated ... ago
5.0 Stars(1)
flashcards Flashcard55 terms
studied byStudied by 41 people
Updated ... ago
4.0 Stars(1)
flashcards Flashcard38 terms
studied byStudied by 19 people
Updated ... ago
5.0 Stars(1)
flashcards Flashcard38 terms
studied byStudied by 8 people
Updated ... ago
5.0 Stars(1)
flashcards Flashcard60 terms
studied byStudied by 29 people
Updated ... ago
5.0 Stars(1)
flashcards Flashcard30 terms
studied byStudied by 9 people
Updated ... ago
5.0 Stars(1)
flashcards Flashcard84 terms
studied byStudied by 1 person
Updated ... ago
5.0 Stars(1)
flashcards Flashcard93 terms
studied byStudied by 4 people
Updated ... ago
5.0 Stars(2)