Term
| Federalist # 10 and Federalist # 51 |
|
Definition
Federalist # 10: A large republic will encompass a wide variety of factions and make it difficult for one faction to rule.
Federalist # 51: Separation of Powers and Checks and Balances will also limit factions. |
|
|
Term
|
Definition
| Judicial review is a proper check on the legislature. |
|
|
Term
| Marbury v. Madison Issue # 1 |
|
Definition
Established authority for judiciary to review legislative and executive acts. "It is emphatically the province and duty of judiciary to say what the law is."
Issue # 1: Marbury had the right to the commission even though not delivered. (Standing issue) |
|
|
Term
| Marbury v. Madison Issue # 2 |
|
Definition
| Issue #2: Marbury has a right to a remedy. For every legal wrong, there must be a legal remedy. The court can provide remedies against the executive when there is a duty to a particular person but not when the political matter is left to executive discretion. |
|
|
Term
| Marbury v. Madison Issue # 3 |
|
Definition
| Issue # 3: Judicial review only applies to ministerial but not political acts (Political Question Doctrine). Ministerial acts are where the executive must act. Political acts are where the executive has discretion whether to act. This case was a ministerial act, but unconstitutional because Act that gave original jurisdiction subverts Article III. Original jurisdiction is enumerated in Article III. |
|
|
Term
| Marbury v. Madison Issue # 4 |
|
Definition
Issue # 4: Supreme Court can declare laws unconstitutional. Reasons:
1. Constitution limits government powers and limits would be meaningless without judicial enforcement. (Written Constitution)
2. Role of judiciary is to decide constitutionality of laws.
3. Ability to hear cases arising under the Constitution implies the power to declare laws unconstitutional (Article III)
4. Judges take an oath of office and would violate the oath if they enforce unconstitutional laws.
5. Article VI makes the constitution the supreme law of the land (Supremacy Clause) |
|
|
Term
| Martin v. Hunter's Lessee |
|
Definition
Topic: Judicial Review of State Actions
Facts: VA court declined to follow S. Ct. ruling in favor of Martin, a British subject who had his land taken by a VA land grant.
Holding: Establishes S. Ct.'s power to review state decisions on constitutional issues.
Rationale: Supremacy Clause (Article VI) says the Con and laws of the US are the supreme law of the land and judges in every state shall be bound thereby and Article III gives the S. Ct. appellate jurisdiction.
Appellate jurisdiction necessary to:
(1) Maintain national supremacy
(2) Maintain uniform federal laws
(3) Avoid majoritarian pressures faced by state judges. |
|
|
Term
|
Definition
Topic: Judicial Review of State Actions
Holding: S. Ct. can exercise appellate jurisdiction over state decisions in criminal cases and where the state is a party. |
|
|
Term
|
Definition
Topic: Judicial Review of State Actions
Facts: Arkansas decides not to enforce desegregation of school, because they do not think it is a violation of the 14th Amendment.
Holding: S. Ct. can review the actions of state executives. Further, this case expands Marbury by claiming only the judiciary's interpretation of the Con. is proper and legislatures and executives at all levels of government must use the S. Ct.'s interpretation of the Con. |
|
|
Term
|
Definition
Topic: Judicial Review of State Actions
Holding: Ex post facto clause in Article I, $ 10 applies only to criminal law.
Judges also address idea of natural justice. One side says the general principles of law and reason needed to protect citizens from unjust laws of the state. The other side says the Con is in place to protect individual liberties, so natural justice needs to be abandoned. |
|
|
Term
| McCulloch v. Maryland Issue # 1 |
|
Definition
Topic: Necessary and Proper Clause
Facts: Maryland taxes people who use Second Bank of the United States.
Holding: Emphatically held federal government is supreme over the states and states have no authority to negate federal action. Expands Congressional power through the Necessary and Proper Cause.
Issue # 1: Historical practice establishes Congressional authority (First Bank of US). Historical experience justifies the constitutionality of a practice. |
|
|
Term
| McCulloch v. Maryland Issue #2 |
|
Definition
| Refutes that states retain ultimate sovereignty because 9/13 ratified the Con. If states were sovereign, they could veto federal legislation. Con says "we the people" so people are the sovereign, not states. |
|
|
Term
| McCulloch v. Maryland Issue # 3 |
|
Definition
Congress may choose any means not prohibited to carry out its lawful authority to (structural argument):
(1) Lay and collect taxes
(2) Borrow/spend money
(3) Regulate commerce
(4) Declare war
(5) Raise and support armies |
|
|
Term
| McCulloch v. Maryland Issue # 4 |
|
Definition
| Necessary and Proper clause grants Congress any means not prohibited by Con. to carry out its express authority (textual argument). It was placed in Article I, $ 8 expanding Congress's power, not $ 9 limiting its power. Necessary is interpreted broadly to mean useful and desirable, and proper means appropriate. |
|
|
Term
|
Definition
| The constitutionality of a law is examined to see if it has a rational basis to exist. |
|
|
Term
| McCulloch v. Maryland Issue # 5 |
|
Definition
| State laws cannot be used to render ineffective the laws of the national government. Taxation contains the power to destroy and thus states cannot individually tax a federal institution. |
|
|
Term
| Gibbons v. Ogden Issue # 1 |
|
Definition
Topic: Affirmative Commerce Clause
Facts: Ogden has a monopoly to run a steamboat between NY and NJ. Does not allow federal license given to Gibbons.
Holding: Federal law preempts state law because of Supremacy Clause (Art. VI) and the monopoly was against commerce clause (textual argument).
Commerce is commercial intercourse. Among the states means a directly or substantially intermingled with more than one state. Completely internal commerce of the state is regulated to the state unless it has an impact on interstate activities. |
|
|
Term
| Gibbons v. Ogden Issue # 2 |
|
Definition
| Power to regulate includes the power to prohibit. Regulation of commerce is a plenary power of Congress and can be exercised as long as not limited by Con. States may regulate where the federal government is silent. States may also pass inspection laws as part of its police powers, for health and safety reasons. |
|
|
