Constitutional Law – Tulane Midterm Exam 2026 – Study Guide and
Practice Questions
Marbury v. Madison (1803, Marshall) - correct answer ✔✔ Case about the appointment of
"officers of the peace" in D.C. William Marbury was assigned a commission, but it was never
delivered. Significant for establishing the Supreme Court's power of Judicial Review. Initially,
Vertical review and eventually horizontal review.
Ex Partee McCardle (1869) - correct answer ✔✔ Jurisdiction case involving reconstruction laws
in the south and the legality of trial by military tribunal for civilians. As the case approached the
Supreme Court, it was expected the court would side with McCardle. As a result, congress
repealed the power of the court to hear appeals to the habeas corpus act. The court found that
they did not have the power of jurisdiction, and therefore could not rule on the case.
Established congress' ability to withdraw granted appellate powers of the court.
McCulloh v. Maryland (1819, Marshall) - correct answer ✔✔ Federalism case where the State of
Maryland attempted to impose taxes on the Federal Bank. When James McCulloh, a teller at a
federal bank branch in Maryland refused to pay the tax, it went to court. The court ruled in
favor of McCulloh unanimously, establishing clearly national power over the states. Example of
Cooperative Federalism
Coyle v. Smith (1911) - correct answer ✔✔ Q: Does Oklahoma have the power to locate its seat
of government when Congress has imposed conditions limiting that location?
Opinion. Yes they do, this was congressional overreaching. States are on an equal footing to
determine their own location for the seat of government. Example of Dual Federalism
Garcia v. San Antonio Metro Transit Authority (1985) - correct answer ✔✔ The San Antonio
Metropolitan Transit Authority claimed it was exempt from the minimum-wage and overtime
requirements of the Fair Labor Standards Act. SAMTA argued that it was providing a
"traditional" governmental function, which exempted it from federal controls according to the
Practice Questions
Marbury v. Madison (1803, Marshall) - correct answer ✔✔ Case about the appointment of
"officers of the peace" in D.C. William Marbury was assigned a commission, but it was never
delivered. Significant for establishing the Supreme Court's power of Judicial Review. Initially,
Vertical review and eventually horizontal review.
Ex Partee McCardle (1869) - correct answer ✔✔ Jurisdiction case involving reconstruction laws
in the south and the legality of trial by military tribunal for civilians. As the case approached the
Supreme Court, it was expected the court would side with McCardle. As a result, congress
repealed the power of the court to hear appeals to the habeas corpus act. The court found that
they did not have the power of jurisdiction, and therefore could not rule on the case.
Established congress' ability to withdraw granted appellate powers of the court.
McCulloh v. Maryland (1819, Marshall) - correct answer ✔✔ Federalism case where the State of
Maryland attempted to impose taxes on the Federal Bank. When James McCulloh, a teller at a
federal bank branch in Maryland refused to pay the tax, it went to court. The court ruled in
favor of McCulloh unanimously, establishing clearly national power over the states. Example of
Cooperative Federalism
Coyle v. Smith (1911) - correct answer ✔✔ Q: Does Oklahoma have the power to locate its seat
of government when Congress has imposed conditions limiting that location?
Opinion. Yes they do, this was congressional overreaching. States are on an equal footing to
determine their own location for the seat of government. Example of Dual Federalism
Garcia v. San Antonio Metro Transit Authority (1985) - correct answer ✔✔ The San Antonio
Metropolitan Transit Authority claimed it was exempt from the minimum-wage and overtime
requirements of the Fair Labor Standards Act. SAMTA argued that it was providing a
"traditional" governmental function, which exempted it from federal controls according to the
