Transcription of Constitutional Law - New York University
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Constitutional Law - New York University
Constitutional Law I. Origins of the US Constitution a. Articles of Confederation i. no federal power to tax or regulate commerce ii. no executive or judiciary branch II. Marbury v. Madison ( 1803) a. Facts: i. Marbury (appointed justice of the peace under President Adams Federalist) sought writ of mandamus (court order) compelling President Jefferson s (Republican) Secretary of State, Madison, to deliver his commission b. Holding: i. Supreme Court does not have power to direct the President to deliver commission c. Rationale: i. SC has power to declare acts of Congress unconstitutional (judicial review) ii. midnight judges bill (Judiciary Act of 1800) 1. 16 new federal circuit court judges (staffed by Federalists) 2. replaced system of SC justices riding circuit 3. reduced SC from 6 to 5 justices (to deny Jefferson appointment) 4. empowered President to create justice of the peace positions (Federalists) 5. Republican legislature repealed provision creating circuit court positions a.
ii. McCulloch: head of Baltimore branch of Bank of US; refuses to pay the tax levied by Maryland b. Holding (Marshall): i. Congress has authority to establish bank under “necessary and proper” powers; Maryland cannot tax bank, since the tax would be levied without required representation (Maryland would tax citizens outside of the state) ii.
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