• Supreme Court Stories: Marbury v. Madison
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    Supreme Court Stories: Marbury v. Madison

    It goes back to the election of 1800, when Thomas Jefferson and the Democrat-Republicans beat the Federalists of John Adams. And it’s full of politics because Adams, the last time he was in office, appointed these judges. And when Jefferson came in, he decided he didn’t want those judges. Back then, the inauguration, the change of administration… it didn’t really happen until March, so you had this period where Congress was in session, but the president really hadn’t changed. In that two or three months, the Federalists and President Adams, who had just lost, they realized they’re about to become the minority party for the first time ever. And both…

  • How the Constitution is Organized
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    How the Constitution is Organized

    The Constitution is organized into three main parts; the Preamble, the Articles, and the Amendments. When it was written in 1787 it only took up several large pages, but the best way to think about its organization, is by comparing it to a book. The Preamble is like an introduction. The Articles are like chapters and the Amendments are like a glossary at the end of the book. The Constitution begins with the Preamble, which is like an Introduction to a book, because it tells us what the rest of the Constitution is going to be about. It states, “We the people of the United States in order to form…

  • Interpreting the Constitution in Modern Day America
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    Interpreting the Constitution in Modern Day America

    ♪♪Music♪♪ So here’s the set up. In Marbury vs. Madison the Supreme Court claimed the power of judicial review, which is to say, take the text of the constitution, read the words of the constitution and interpret them as they would a law and if they found that an act of the legislature, state or national, as in the case of Marbury, violated the constitution or exceeded the scope of power was enacted in and outside the scope of power of the enacting body, then they could invalidate it. Say the statute is unenforceable, that statutes void, it’s unconstitutional is what they would say. So that’s a pretty, it’s a…

  • McCulloch v. Maryland Summary | quimbee.com
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    McCulloch v. Maryland Summary | quimbee.com

    – [Narrator] McCulloch versus Maryland may appear to be an old esoteric case about bank charters and taxes. But it’s really about a power struggle of constitutional proportions between the States and the Federal Government. The consequences of that struggle continue to reverberate today. In 1816, Congress passed an act that created the Bank of the United States. A year later, the bank opened a branch in Maryland. To take a shot at the new, all-powerful federal government, Maryland passed an act in 1818 that imposed a $15,000 annual tax on all out-of-state banks operating in the State. The act appeared neutral on the service, but it practically targeted the…

  • The Rational Basis Test [No. 86]
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    The Rational Basis Test [No. 86]

    So the rational basis test is the baseline test that courts use to determine whether statutes are consistent with both due process and equal protection. It’s the baseline test that all laws have to pass. It requires that every law be first hypothetically designed to serve a legitimate governmental purpose, something that we think government should in fact be able to do. And it further requires that that law be reasonably related to that purpose. That is, it requires that the law in some way actually serve the purpose for which it is enacted. The presumption is that a law is in fact constitutional, and therefore the burden is on…

  • Marbury v. Madison: A Case That Shaped America
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    Marbury v. Madison: A Case That Shaped America

    ♪♪Music♪♪ We’re gonna talk this morning about the case of Marbury vs. Madison. Now this is a case that everyone’s heard of in this country, presumably; most of the people who’ve heard of it realize it’s famous for having introduced into American law, or adopted into Supreme Court case law the principle of judicial review, which is the legal principle that says that the Judicial branch has the power to interpret the Constitution, apply its interpretation of the Constitution against acts of the legislature, and if it finds those acts of the legislature to be inconsistent with the requirements of the constitution, invalidate them. Judicial review power is routinely exercised…

  • Judicial Review: Crash Course Government and Politics #21
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    Judicial Review: Crash Course Government and Politics #21

    Hi. I’m Craig, and this is Crash Course Government and Politics, and today we’re going to talk about the most important case the Supreme Court ever decided ever. No, Stan, not Youngstown Sheet and Tube Company vs. Sawyer. Although, that is one of my favorites. Loves me some sheet and tube. And no, it’s not Ex parte Quirin. Although I do love me some inept Nazi spies and submarines. And no, it is not Miller v. California. Get your mind out of the gutter Stan. We could play this game all day, but this episode is about judicial review: the most important power of the Supreme Court and where it…