Marbury v Madison
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?
What law did Lopez violate that led to this case?
What is: The Gun-Free School Zones Act of 1990.
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?
Who was the Secretary of State that failed to deliver Marbury’s commission?
Who is James Madison
Which clause was used to prevent Maryland from taxing the Bank?
What is the Supremacy 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?
How did this case influence later debates about federal vs. state power?
What is: It set the precedent that federal authority is supreme.
What was significant about Lopez in terms of federalism? Think devolution revolution.
It was the first case in decades to limit Congress’s power under the Commerce Clause.
How did Hamilton justify judges being unelected?
What is: They need to be independent and protect minority rights from majority rule.
Why couldn’t the Court force Madison to deliver the commission?
Because the Judiciary Act of 1789 was unconstitutional.
Chief Justice who wrote the unanimous opinion in McCulloch v. Maryland.
Who is John Marshall?
What happened to the Gun-Free School Zones Act after the decision?
What is: Congress revised it to require proof that the gun moved in or affected interstate commerce.
Which recent debates show tension over Hamilton’s ideas about the Judiciary?
What is: Supreme Court nominations, term limits, or controversial rulings.
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?
Why did Congress argue guns near schools affected commerce?
Guns could lead to violence, lower property values, and harm the economy through reduced education quality.
What was Hamilton’s main concern about the Judicial Branch’s weakness?
What is: It could be ignored without independence and respect from the other branches.