▼ ❑ Supreme Court’s Authority and Role
▼ ❑ Power of Judicial Review
▼ ❑ Marbury v. Madison (pg 2) -Justice Marshall
New president Jefferson told his secretary of state (Madison) to withhold all undelivered commissions naming justices to the bench
3 Questions of the case:
-Does Marbury have a right to the commission -yes, all procedures were followed
-Do the laws afford Marbury a remedy? -it should whenever a person receives an injury
-Can the Supreme Court Issue this remedy? Is mandamas appropriate? -yes
• ❑ Gave the court the authority to review the constitutionality of laws and executive acts
▼ ❑ Supreme Court Authority to Review State Court Judgments
▼ ❑ Martin v. Hunter’s Lessee (Pg 17) -Justice Story
2 conflicting claims to land
• ❑ Supreme Court can review state court decisions
SC was created and Congress could make lower courts… if none were made, SC was powerless to hear cases unless they came from the states
▼ ❑ Cohens v. Virginia )Pg 18) -Justice Marshall
convicted of selling lottery tickets -VA law had banned it
• ❑ state courts cant be trusted to protect federal rights because they are subject to the wills of state legislatures
▼ ❑ Judicial Exclusivity in Constitutional Interpretation
▼ ❑ Cooper v. Aaron (Pg 20) -each judge wrote an opinion
Arkansas violated order to desegregate public schools
-claimed the state didnt have to comply with judicial desegregation decrees
• ❑ the Constitution is the supreme law of the land and every state legislator, executive and judicial officer must uphold it
• ❑ Dickerson v. United States (Pg 21)
• ❑ Ex Parte McCardle (pg 28) -Justice Chase
▼ ❑ The Nation and the States in the Federal System
▼ ❑ McCulloch v. Maryland (Pg 63) -Justice Marshall
Issue: whether Maryland could collect a tax from the Bank of the US
National government made up of a compact of sovereign states or new governmental entity created by the Constitution that was enacted by the sovereign people and is now sovereign itself?
▼ ❑ 10th amendment allows powers to be implied
it doesnt say “expressly”, it was only to quiet the jealousies of the states, and there are express powers but the means to fulfill these powers are not included and must be implied
• ❑ “Necessary and proper” -needs to be broadly defined
elsewhere in the Constitution, it says “absolutely necessary” meaning to interpret it strictly there
• ❑ Creation of the bank is useful to the expressed powers
▼ ❑ US Term Limits, Inc. v. Thornton (Pg 76) -Justice Stevens -majority
Arkansas wants to impose term limits on its US Congress members
• ❑ Constitution creates a national government that is independent of the states
it came out of the states, but is meant to be independent
States cannot impose additional qualifications without a constitutional amendment
• ❑ Justice Thomas dissent- states retain ultimate sovereignty except when the Constitution expressly delegates power to the fed gov’t
Since it is not prohibited in the language, states can add qualifications
▼ ❑ The Commerce Power and Its Federalism-Based Limits
▼ ❑ Commerce Power before the New Deal
▼ ❑ Gibbons v. Ogden (Pg 83) -Justice Marshall
NY had given Livingston exclusive right to operate steamboats in NY water -he licensed Ogden. Gibbons decided to operate a competing steamboat
• ❑ Commerce includes navigation
Commerce is a broad word and includes everything that is associated with commercial enterprise
• ❑ Fed gov’t has power to regulate commerce among the states -doesnt end at state lines
Commerce takes place somewhere and includes commerce that is sometimes in 1 state and sometimes in another
▼ ❑ United States v. E.C. Knight Co. )Pg 85)
Sugar refi
rce
• ❑ Carter v. Carter Coal Co. (Pg 93)
▼ ❑ Commerce Power after the new deal
▼ ❑ NLRB v. Jones & Laughlin Steel Corp. (Pg 97)
NLRB established to enforce the law allowing collective bargaining -the steel mill was firing people for union activities
• ❑ steel industry is established as interconnected with the states which has a direct effect on commerce
▼ ❑ United States v. Darby (Pg 99)
US tried to pass Fair Labor Standards Act prescribing minimim wage and maximum hours
• ❑ overrules Dagenhart- ok to supress the substandard conditions
• ❑ Darby bootstrap- leverage power of control over movement of goods to impose standards of employment at the workplace
• ❑ Congress can regulate things that affect the movement of goods in interstate commerce
▼ ❑ Wickard v. Filburn
wheat farmer penalized for growing more wheat than his quota in the Agricultural Adjustment Act
▼ ❑ quotas in place to keep wheat prices high and protect farmers
• ❑ aggregation principle- the class of the activity will affect interstate commerce even though the individual activity may not
▼ ❑ Rehnquist Court’s Revival of Internal Limits on the Commerce Power
▼ ❑ Heart of Atlanta Motel v. United States (Pg 103)
▼ ❑ discriminating against people traveling would affect interstate commerce
• ❑ people consider travelling in interstate commerce to take up employment and will avoid areas where they will be discriminated against
• ❑ Katzenbach v. McClung (Pg 104)
