AP U.S. Government 2.3 Institutions of National Government
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AP U.S. Government 2.3 Institutions of National Government. In what case did the Supreme Court first rule a state action unconstitutional, thereby strengthening its power of judicial review?
AP U.S. Government | Institutions of National Government |
Constitutional Underpinnings | Checks and Balances |
Language | English Language |
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answers Okay here we go Well the constitution's framers laid
down some pretty strict rules for setting up parts of
the new government But when it came to the judicial
branch they courted a less specific approach Not only did
the framers leave it to congress to set up most
of the court system they also gave those courts permission
to set many of their own powers including judicial review
the ability to strike down laws they believe to be
unconstitutional Did the supreme court first rule a state action
unconstitutional in a marbury versus madison Well marbury v madison
was all about appointments No not the doctor kind but
rather judicial appointments All right Well long story short John
adams wanted to appoint a bunch of federalist judges to
the court as a sort of screw you to thomas
jefferson the democratic republican who would soon be assuming the
presidency But jefferson caught onto adam's court packing plan so
he and secretary of state james madison refused to deliver
marbury His official appointment papers Even the case got its
name Yeah well marbury got in a tizzy about the
whole thing and went to the supreme court hoping for
a favorable ruling from fellow federalist and now chief justice
john marshall Well marshall had other plans He ruled that
parts of the judiciary act of seventeen eighty nine a
law passed by congress giving the supreme court the ability
toe weigh in on cases like marbury's were actually unconstitutional
The marbury v madison was in fact a landmark case
for judicial review But at the national level not the
state Did the supreme court first find a state action
unconscious stick to sh inal in be little v bar
eam wel l v b was all about a little
misunderstanding You see congress passed a law that said that
navy could seize any vote that was sailing to a
french port Since we were in a quiz i war
with france at the time No really that's what It
was called Go look it up President john adams didn't
think that law was strong enough So he ordered the
navy to seize ships sailing to and from any french
port That's How Captain little got swept up into the
sea change of judicial affairs He was sailing from a
french port and his appeal the supreme court led to
adam's Being found in the wrong sensing a pattern here
So little veba dream was the first time the supreme
court held an executive action not a state action to
be unconstitutional All right well did the supreme court first
exercise judicial review against the state law Indeed gibbons v
ogden i will gibbons and ogden were two folks bickering
over who held the rights to operate a steamboat between
new jersey and new york city Sounds little wishy washy
tow us Ogden held the license for the route that
was issued by the state of new york Gibbons obtained
his license from the u s congress Well the supreme
court ruled in favor of gibbons saying that the u
s had authority over the states when it came to
regulating commerce between two states but that's more about federal
supremacy over states not a specific state law Yeah it's
kind of tricky What about ian mccullough Free maryland Essentially
the state of maryland tried to mess with a branch
of the u s national bank by imposing a tax
on any bank that wasn't chartered in maryland What kind
of funny money businesses that well even though the constitution
doesn't give congress the express clear power to establish a
bang It does give congress the power to tax and
spend and what we need to tax and spend Well
well bank on uh a bank for that The constitution
also states that federal laws have supremacy over state laws
So the supreme court ruled that this particular state act
was not an act of kindness But this case was
more about increasing congress implied powers than overruling a state
law which means that the supreme court first ruled a
state action unconstitutional in see fletcher be peck fletcher be
peck had to do with a not so peachy land
transaction way down in georgia in seventeen ninety five the
state of georgia sold a bunch of territory under the
yazoo land act Later on though it was revealed that
lawmakers passed the yazoo land act in exchange for bribes
So the new legislature decided to repeal the law in
void all the contracts of people who had purchased land
in the transaction Now fletcher bought a tract of land
from pac The peck had gotten through the seventeen ninety
five act But once the law was repealed both of
them landed in oil Quite a pickle The supreme court's
ruled in the eighteen ten case that the act of
georgia lawmakers to repeal the yazoo land act was unconstitutional
It voided the sanctity of a sale guaranteed under the
contract clause of the constitution O c Is that contractually
correct answer with all these cases john marshall firmly established
the supreme court's power of judicial review ensuring that justice 00:05:10.514 --> [endTime] would be served at any level