Law 404 Midterm Case Rule study guide (A+ Graded already)

Marbury v. Madison (1803) takeaway 1 correct answers Creates the authority for judicial review of executive actions marbury v takeaway 2 correct answers established that Article 3 is the ceiling of federal court jurisdiction. So Congress can't expand the original jurisdiction of the SCOTUS and federal courts cant gain jurisdiction by consent Marbury takeawy 3 correct answers Established authority for judicial review of legislative acts. Marbury takeaway 4 correct answers If marbury would have focused on appellate jurisdiction not original jurisdiction Marbury would have lost jurisdictional grounds Marbury 5 correct answers Whether a right is vested is a judicial question tried under judicial review McCullough v. Maryland established a 2 part rule for the N & P clause correct answers Unless acting in bad faith Congress may use any appropriate means to execute its powers Absent evidence of bad faith, Court will not second guess the acts of Congress as being proper/necessary Gibbons v. Ogden correct answers Commerce, it is intercourse State/federal commerce correct answers The completely internal commerce of a state, then may be considered as reserved for state itself Gibbons 2 part rule defining the scope of both key elements of the commerce power correct answers 1. "Commerce" means intercourse, interchange/interaction including trade and navigation 2. "Among several states" means affecting more than one state How is navigation justified under Commerce? correct answers Commerce must have a broad definition b/c it makes no sense to regulate nations if you can't decide/control the ports like how long a ship can come into a harbor, types of ship, etc. Why is navigation important? correct answers If boats can't navigate they can't trade which affects interstate commerce NLRB v. Jones rule correct answers 1. The power to regulate commerce is the power to enact 'all appropriate legislation' for its 'protection or advancement' 2. primarily for Congress to consider and decide the fact of the danger and to meet it