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ultimate act of a conservative scotus would be to overturn Marbury v. Madison
| Mind-boggling Chad Sweet Tailpipe | 01/23/25 |
| Rose parlor | 01/23/25 |
Poast new message in this thread
Date: January 23rd, 2025 11:15 PM Author: Mind-boggling Chad Sweet Tailpipe it was bullshit when it was decided, it was bullshit when i first read it as a 1L, and its bullshit today. every branch should be able to interpret the constitution and "say what the law is". the courts can decide cases and controversies, the only thing they are permitted to do. greatest power grab in american history. (http://www.autoadmit.com/thread.php?thread_id=5669031&forum_id=2...id.#48583816) |
Date: January 23rd, 2025 11:16 PM Author: Rose parlor McCulloch v. Maryland,[a] 17 U.S. (4 Wheat.) 316 (1819), was a landmark U.S. Supreme Court decision that defined the scope of the U.S. Congress's legislative power and how it relates to the powers of American state legislatures. The dispute in McCulloch involved the legality of the national bank and a tax that the state of Maryland imposed on it. In its ruling, the Supreme Court established firstly that the "Necessary and Proper" Clause of the U.S. Constitution gives the U.S. federal government certain implied powers necessary and proper for the exercise of the powers enumerated explicitly in the Constitution, and secondly that the American federal government is supreme over the states, and so states' ability to interfere with the federal government is restricted.[3][4] Since the legislature has the authority to tax and spend, the court held that it therefore has authority to establish a national bank, as being "necessary and proper" to that end.
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