Judicial review
Marbury v. Madison
Signed letter making justices of the peace at end of adams term
Sought a writ of mandamus to deliver them
Found that once these had been signed by the president they were valid
This was a political act and could not be reviewed by the court
Overruled the judiciary act that says they could give writs of mandamus
Says this was uncon and against article III, thus inventing judicial review, mandamus was not among the cases the as to which original jurisdiction was conferred to the court by the con
The court has the authority and the duty to rule the statue uncon and refuse to enforce it
Critics state that nowhere is the right to state what the law is in the con
The contrary assumption that it is the congress who says is not there either
Reason for judicial review
Federal judge are appointed for life
Congress responds to the majorities will, and the purpose of the con is to protect the minorities
Federalism
Fed is of limited enumerated powers
An action b the state is valid as long as it does no violate some specific limitation imposed by the con
A fed action, must fall within the enumerated powers, ie no general police power
No indeoendent power to provide for the general welfare
To be valide must follow two things
Msut be enumerated
Must not violte any paricualar limitation
Specific powers
Taxes
Provide fo rhte defense
Borrow money
Regulate commerce
Immigrationa dn bankruptcy
Post offices
Patents and copyrights
Declare war
Pass all laws to govern DC and military enclaves
Make all laws necessary and proper to do the above things, but cant use this claus standing alone, only with the above
Foreign affais p
r
Should strike down the law only when it is quite clear
More McCulloch
The federal con mus be preserved against state meddling
A gov may not tax thos it does nto represent
Only where the gov is directly made to pay the tas is it not allowed, only where the legal incidence is directly on the goc
Employees not immune
Congress can give additional immunity to people ro entities
Congress can waive this imunity whenever it wants
NY v. US
Cant tax the essaential functions of a state, basic gov functions public schools parks
Interferes with the immunity
This limit comes from the 10th amendment
Can tax non essential functions
State employees and people doing business with the state are not immune
