04 The Supreme Court and Constitutional Interpretation Free Online FlashCards

What is judicial review?

Judicial review is the authority of courts to determine whether government actions comply with the Constitution.

What did the Supreme Court hold in Marbury v. Madison?

Marbury had a right to his commission, but the Supreme Court denied his request because it lacked original jurisdiction to issue the writ.

Why did Marbury establish judicial review?

The Constitution is superior to ordinary legislation, so courts must apply the Constitution when a statute conflicts with it.

What are implied powers?

The Necessary and Proper Clause permits Congress to choose appropriate means for carrying out its legitimate enumerated powers, even when those means are not expressly listed.

Why was the national bank constitutional in McCulloch?

McCulloch held that Congress could establish the national bank because it was an appropriate means for carrying out enumerated federal powers.

What does federal supremacy mean?

The Supremacy Clause gives valid federal laws and institutions priority over conflicting state actions.

Why was Maryland’s tax invalid in McCulloch?

Maryland could not tax the national bank because a state may not retard, impede, burden, or control a valid federal operation.

What power does the Commerce Clause grant Congress?

The Commerce Clause authorizes Congress to regulate commerce among the several States.

What are channels of interstate commerce?

Channels of interstate commerce include highways, waterways, and air routes used for commerce among the states.

Why did Lopez invalidate the Gun-Free School Zones Act?

United States v. Lopez held that possessing a gun in a local school zone was noneconomic conduct insufficiently connected to interstate commerce.

What constitutional danger did Lopez identify?

Lopez warned that accepting indirect economic effects as sufficient could turn the Commerce Clause into a general federal police power.

What is textual interpretation?

Textual interpretation examines constitutional language, including Article III and the Necessary and Proper, Supremacy, and Commerce Clauses.