1510- Midterm Exam Guide - Comprehensive Notes for the exam ( 36 pages long!)
6 Oct 2017
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Marbury v madison (1803) yo this is like what gave scotus their power like damn this important! Marbury wants sc to order madison to give commission. Marshall misread statute, but ends justify the means (good politics) Mcculloch v maryland (1819) - congress creates bank of u. s. , md taxes bank. Marshall reasons from const"l structure: congress has unenumerated powers not outlined in constitution, constitution needs to adapt to various problems of human affairs. Md can"t tax bank, makes no const"l sense if states could undercut fed gov"t takeaway : if there are 2 ways to read constitution, read it the better way. Tests for general speech that does not fall into special categories, regulations must be necessary (not just helpful!) to compelling governmental interest, also for laws that prohibit not protect speech! Original understanding - free speech clause intended to have narrower focus, to prohibit prior restraint under which you had to get approval from censors before publishing anything.
