Wednesday, November 6, 2019
Free Essays on Supreme Court Decisions
Jon Hartman USHG per 5 January 7th 2003- Supreme Court Cases 1. 1803 Marbury vs. Madison Constituional Principle: Seperation of powers; the judiciary Backround: For political reasons, Jefferson and secretary of state James Madison refused to allow William Marbury, one of the ââ¬Å"midnight judgesâ⬠, to take office as the District of Columbiaââ¬â¢s justice of the peace. Marbury appealed to the Supreme Court to force the Jefferson administration to allow him to serve his appoinment. Decision: The Court decided that Marburyââ¬â¢s request for a writ of mandamus was based on a law passed by Congress that the Court held to be unconstitutional. The Court decided unanimously that the federal law contradicted the Constitution, and since the Constitution is the Supreme Law of the Land, it must reign supreme. Through this case, Chief Justice John Marshall established the power of judicial review: the power of the Court not only to interpret the constitutionality of a law or statute but also to carry out the process and enforce its decision. Importance: Established the Supreme Courtââ¬â¢s right to judicial review; stregthened the judiciary in relation to other braches of government. 2. 1819-McCulloch vs Maryland Constitutional Principle: Federalism; National power; the judiciary Backround: The state of Maryland brought an action against James William McCulloch, a cashier in the Maryland branch of the Bank of the United States, for not paying a tax the state had imposed on the United States Bank. Decision: In a unanimous decision, the Supreme Court of the United States ruled that the ââ¬Å"power to tax involves the power to destroy,â⬠and that the federal governmentââ¬â¢s national bank was immune to state taxation. The Court reasoned that Congress could set up a United States Bank and write laws ââ¬Å"necessary and properâ⬠to carry out its constitutional power to coin and regulate money. Importance: The Federal government has only those p... Free Essays on Supreme Court Decisions Free Essays on Supreme Court Decisions Jon Hartman USHG per 5 January 7th 2003- Supreme Court Cases 1. 1803 Marbury vs. Madison Constituional Principle: Seperation of powers; the judiciary Backround: For political reasons, Jefferson and secretary of state James Madison refused to allow William Marbury, one of the ââ¬Å"midnight judgesâ⬠, to take office as the District of Columbiaââ¬â¢s justice of the peace. Marbury appealed to the Supreme Court to force the Jefferson administration to allow him to serve his appoinment. Decision: The Court decided that Marburyââ¬â¢s request for a writ of mandamus was based on a law passed by Congress that the Court held to be unconstitutional. The Court decided unanimously that the federal law contradicted the Constitution, and since the Constitution is the Supreme Law of the Land, it must reign supreme. Through this case, Chief Justice John Marshall established the power of judicial review: the power of the Court not only to interpret the constitutionality of a law or statute but also to carry out the process and enforce its decision. Importance: Established the Supreme Courtââ¬â¢s right to judicial review; stregthened the judiciary in relation to other braches of government. 2. 1819-McCulloch vs Maryland Constitutional Principle: Federalism; National power; the judiciary Backround: The state of Maryland brought an action against James William McCulloch, a cashier in the Maryland branch of the Bank of the United States, for not paying a tax the state had imposed on the United States Bank. Decision: In a unanimous decision, the Supreme Court of the United States ruled that the ââ¬Å"power to tax involves the power to destroy,â⬠and that the federal governmentââ¬â¢s national bank was immune to state taxation. The Court reasoned that Congress could set up a United States Bank and write laws ââ¬Å"necessary and properâ⬠to carry out its constitutional power to coin and regulate money. Importance: The Federal government has only those p...
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