Thursday, May 13, 2010

How do these court cases affect the U.S. today?

-Marbury v. Madison


-McCulloch v. Maryland


-Gibbons v. Ogden,


Also;;


Why is Gibbons V.Ogden important?


and what's a brief summary that happened?How do these court cases affect the U.S. today?
Gibbons v. Ogden 1824 - Gibbons and Ogden were 2 ferry operators in the waters of New York state. Ogden sued Gibbons asking the court to stop him from operating. NY court restrained Gibbons. Gibbons suit was decided by U.S. Supreme Court in 1824. The high court ruled that the Commerce Clause of the U.S. Constitution gave all powers to the U.S. Congress to regulate interstate commerce, and the individual states could not. Supreme Court held for Gibbons.


It is important because: If each of the 50 states passed laws regulating interstate commerce, then they may all be different, and would be like a patch-work quilt of laws, and that would be too burdensome on interstate commerce. Truckers, railway companies, buses, planes, companies doing business in each state, all would have to comply with the laws of 50 states as they passed from one state to the other, and that would be unduly burdensome on interstate commerce. A notable exception is the state's power to set speed limits on their state's highways.


Marbury v. Madison - 1803 U.S. Supreme Court case established the doctrine of ';judicial review'; that held that Courts have the power to decide whether a law passed by a legislative body is constitutional, and if it is not, then the law is void. This is an example of how their are ';checks and balances'; of one branch of government, the judicial branch, over the legislative branch.


McCulloch v. Maryland - President Madison after War of 1812 decided that the country could use a national bank (as opposed to state banks) to help finance the country's constitution and laws, so he did.


The state of Maryland fought the establishment of a national bank by passing an exorbitant tax against national banks, and the bank refused to pay the tax. resulting in the case going to the US Supreme Court who upheld the national bank by ruling that the tax was wrong and interfered with the workings of Congress, and who upheld national banks by saying that even though the Constitution had not expressly created the national banks by legislation, that many powers of the government are implied rather than specifically stated in the Constitution.How do these court cases affect the U.S. today?
These are very basic cases you need to know for the bar. Read your casebook.

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