SCOTUS 1
This 1803 case established the Supreme Court’s power of judicial review.
What is Marbury v. Madison?
This state tried to tax the Bank of the United States, leading to the 1819 case.
What is Maryland?
The 1995 case challenged a federal law banning guns in these areas.
What are school zones?
Federalist 78 was written by this author.
Who is Alexander Hamilton?
Name one way U.S. v. Lopez limited federal power compared to McCulloch v. Maryland.
What is: Lopez restricted Congress’s Commerce Clause use, while McCulloch expanded implied powers under the Necessary and Proper Clause?
Judicial review gives the Supreme Court the power to declare these kinds of laws unconstitutional.
What are acts of Congress (or executive actions)?
The Court ruled that Congress had the power to create a national bank under this clause.
What is the Necessary and Proper Clause?
The federal government defended the law by citing this constitutional power.
What is the Commerce Clause?
Hamilton described the judiciary as the “least dangerous branch” because it lacked these two powers.
What are the purse (spending) and the sword (enforcement)?
Explain how judicial review strengthens the principle of limited government.
What is: It allows courts to strike down unconstitutional laws, ensuring that government cannot exceed its constitutional authority?
William Marbury sued for this type of court order that would have forced Madison to deliver his judicial commission.
What is a writ of mandamus?
The Court ruled Maryland could not tax the bank, reinforcing this principle of government hierarchy.
What is federal supremacy (Supremacy Clause)?
The Court ruled against Congress, saying carrying a gun in a school zone was not substantially related to this.
What is interstate commerce?
According to Federalist 78, courts have the duty to declare laws void if they conflict with this higher authority.
What is the Constitution?
Chief Justice in Marbury v. Madison who wrote the decision establishing judicial review.
Who is John Marshall?
Chief Justice who wrote the unanimous opinion in McCulloch v. Maryland.
Who is John Marshall?
U.S. v. Lopez marked the first time in decades the Court limited this kind of power.
What is federal commerce power (or Congressional power under the Commerce Clause)?
Hamilton argued that judicial independence depended on this type of tenure.
What is life tenure (during good behavior)?
Explain why the Court struck down part of the Judiciary Act of 1789 in this case.
What is: The Act gave the Court powers not listed in the Constitution, so it was unconstitutional?
Explain how this case expanded federal power.
What is: It confirmed implied powers under the Necessary and Proper Clause and denied states the power to interfere with federal institutions?
Explain why U.S. v. Lopez is important for federalism.
What is: It returned power to the states by limiting Congress’s ability to use the Commerce Clause broadly?
Explain how Federalist 78 supports the concept of judicial review.
What is: It argues courts must strike down laws contrary to the Constitution to protect limited government?