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Lecture 8

Complete Lecture 8 Notes

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Boston College
Political Science
POLI 2327

9/26/13 Lecture 8 • John Marshall is doing 3 things o Asserting judicial review as a legal principle o Make sure federal courts are ontop of state courts o Trying to establish as foundational the idea that the powers of the national government are to be understood broadly  Involved the idea of implied powers  Involved a reading of the enumerated powers in a broad, expansive way • Internal Improvements o Congress can collect taxes/money to pay debts and provide general protection and welfare of the United States – Article 1 section 8 • Supreme court chief justices before Marshall o Marshall really started strengthening supreme court - Federalist  Appointed in 1801  Died 1835 (Jackson presidency) o Taney - Jeffersonian  Appointed 1836  Died 1864 (before Civil war) • Commerce Clause – enumerated power uner article 1 section 8 o One of the most significant enumerated powers o Much of what modern government does now was passed pursuing to commerce clause  Obamacare o Much of nation’s civil rights laws were also passed pursuing to commerce clause  Federal laws banning segregation involved businesses • Gibbons v. Ogden o Involves Hudson River, where the steamboat started  Fulton invented steamboat, so NY gave him a monopoly over steamboats on Hudson River  would do roundtrip sails to NJ and back, tix sales in NY • Transferred monopoly to Ogden o Gibbons wanted to start his own steamboat company  Sued to have monopoly struck down as unconstitutional • Lawyer = Daniel Webster o Went to federal court o Webster makes argument about the Dormant Commerce Power  Argued that congress has power to regulate commerce amongst the states • Said that this means that states cannot do anything to regulate interstate commerce, even if congress passed no laws that related to this o Even if Congress is dormant (has done nothing) on the issue, the states CANNOT regulate interstate commerce o What happens is that Marshall explains the dormant idea  Regulation is not like taxation • In this case, he said that congress may not have acted directly • Unsure of whether it was interstate commerce since it was ROUND TRIP o Commerce is undoubtedly traffic but also intercourse  As long as there is something going on in between NY and NJ, if you broadly view the commerce clause o Doesn’t want to do dormant commerce o 1789 Federal Coastal Licensing Act  Argued that there was a federal statute that applied to monopoly and pre- empted it • Found direct conflict because made it easier for him to decide case o Conflict between federal regulatory scheme  Law was intended to prevent monopolies on rivers  The holding of a case is the part of the case that is considered law • Nothing more than on these facts, this person wins…that’s the law o Any other opinion is called a Dicta  not law, just talk • Different types of supreme court opinions o Majority  5/9 justices agree  law o Dissent  Disagree with the result of the case (who should win the case) • If you say opposite person should win from majority, you are dissenting o Concurrence  Voting with the m
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