Constitutional Foundations and Underpinnings

Constitutional Foundations and Underpinnings

1. McCulloch v. Maryland (1819)

   • In 1816 the US chartered the Second Bank of the United States
     • In 1818 Maryland passed legislation to try and impose a tax on the bank
       • James W. McCulloch (the cashier of the Baltimore branch of the bank) refused to pay it
         • The court unanimously held that Congress had the right to create the bank and that Maryland had no right to tax instruments of the national government employed in the execution of constitutional powers
           • The case defined what the court meant by "necessary and proper" and established the power of the national government over the state.

2. Marbury v. Madison (1803)

   • Marbury v. Madison started when William Marbury was appointed as justice of the peace in the District of Colombia.
     • Marbury's, and several others, appointments happened in the final days of John Adams's presidency.
       • The appointments were never finalized and so the Marbury and the others sued for their jobs in the Supreme Court
   • The court denied Marbury and the others their commission and petition as it was un-constitutional
     • In the long run it established the power of the court to say what the law is. (ie. established the concept of judicial review).

3. Gibbons v. Ogden (1824)

   • A New York state law gave individuals exclusive rights to operate steamboats on waters within state jurisdiction.
     • In this case, Thomas Gibbons (a steamboat owner) challenged the monopoly license granted by NY to Aaron Ogden.
       • New York courts consistently upheld the state monopoly.
         • The unanimous court found that NY's licensing requirements for out of state operators was inconsistent with a congressional act regulating the coastal trade.
           • In this case, the court held that the NY law was invalid under the Supremacy Clause and that only the national government can regulate interstate commerce.

4. United States v. Lopez (1995)

   • Alfonzo Lopez, a high school student, carried a concealed weapon into his high school.
     • He was charged under Texas law with carrying a firearm on school grounds
       • The next day Lopez was dismissed when Federal agents charged him with violating a federal criminal statute that forbids any individual from bringing a firearm to any place he knows is a school zone.
         • Lopez was found guilty and sentenced to 6 months in jail and 2 years' supervised release
           • The question in this case was whether the Gun-free school zones act of 1990 was unconstitutional because it excedded the power of Congress to legislate under the commerce clause.
             • The court ruled that the possession of a gun on school property and was not an economic activity that might impact interstate commerce.
               • Rather, the law was a criminal statute that had nothing to do with commerce or economic activity of any sort.

5. United States v. Morrison (2000)

   • Christy Brzonkala, a student at Virginia Tech, alleged that Antonio Morrison and James Crawford (two football players) had raped her.
     • Morrison was found guilty and sentenced accordingly while Crawford was not.
       • After two hearings and an appeal Morrison's punishment was set aside as to excessive.
         • Brozonkala dropped out of the school and sued Morrison, Crawford, and Virginia Tech in the Federal District Court.
           • Morrison and Crawford moved to dismiss the suit on the grounds that section 13981's (part of the Violence Against Women Act of 1994) civil remedy was unconstitutional.
             • The District Court found that Congress lacked the authority to enact section 13981 under either the fourteenth amendment or the commerce clause which Congress had explicitly identified as the sources of Federal authority for it.
               • Ultimately the Court of Appeals confirmed.