Event/Cases no. 3

 

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ᴍᴀʀʀɪᴀɢᴇ ᴇqᴜᴀʟɪᴛʏ: 

• Tested the full faith and credit clause to the test 
• Baehr v. Lewin was a 1993 court case in which the Hawaii Supreme Court said the state's ban on same-sex marriage was unconstitutional. This worried other states as they would be required to recognize those marriages 
• In response to the panic, Congress passed the Defense of Marriage Act (DOMA) which was signed by Clinton 
• Declared that "no state/ other political subdivision within the United States need to recognize same-sex marriage concluded by another state" 
• it also barred federal benefits for same sex-partners 
• DOMA denoted a choice for the states which led many states to take up the policy issue of marriage equality 
• U.S Supreme Court v. Windsor struck down the part of DOMA that upheld marriage equality in different states 
• 2015, the Obergfell v. Hodges case had a sweeping effect when the Supreme Court clearly identified a constitutional right to marriage based on the 14th Amendment 

ᴍᴄᴄᴜʟʟᴏᴄʜ ᴠ. ᴍᴀʀʏʟᴀɴᴅ: 

• 1st challenge of the authority of U.S individual states 
• Does Maryland have the right to tax paper currency needed by a branch of the U.S National Bank located in Maryland?
• Not mentioned in the Constitution, but the bank was created through the elastic clause 
• Supreme Court rules: 
• Establishes the doctrine of implied powers 
• The U.S could coin and regulate money and under the necessary proper clause the U.S could establish a National Bank 
• National Bank is supreme so Maryland can't tax a federal institution 

ᴍᴀʀʙᴜʀʏ ᴠ. ᴍᴀᴅɪꜱᴏɴ: 

• John Adams passed the Judiciary Act in spite of Thomas Jefferson who won the 1800 presidential election 
• Adams added 16 judges and 42 justices before leaving office (approved by Senate - known as "midnight appointments") 
• Marbury was denied his commission and takes the cause to a court 
• Supreme Court Rules: 
• Madison's actions are illegal, and it needs to be fixed 
• The Judiciary Act passed in 1789 prevented the Supreme Court from fixing the issue 
• The Judiciary Act is unconstitutional = Congress can't make changes to the Constitution through lawmaking alone because the Constitution is the Supreme Law 
• Establishes Judicial Review = the power to declare a law unconstitutional 

ɢɪʙʙᴏɴ ᴠ. ᴏɢᴅᴇɴ: 

• The court must interpret the commerce clause of Article 1, Section 8
• New York gave Odgen rights to monopolize ferries under a specific route between NY and NJ 
• Gibbons uses the same route under the license from the Federal government 
• Supreme Court Rules:
• "Interstate Commerce" is defined broadly, thus Congress is allowed to regulate navigation between states 
• Since the federal Licensing Act of 1793 is constitutional under the Commerce Clause, federal law trumps state law 

ᴅʀᴇᴅ ꜱᴄᴏᴛᴛ ᴠ. ꜱᴀɴᴅꜰᴏʀᴅ: 

• Dred Scott was a slave that spent 10 years living in free states (thanks to the Missouri Compromise) 
• Scott sued Missouri for his freedom, claiming that he was a free man 
• Supreme Court rules: 
• They lacked jurisdiction to rules since African Americans aren't considered citizens 
• Men of African Americans descent are considered property 
• Deemed Missouri Compromise as unconstitutional, and that Congress could not free slaves in federal territories 

ᴛʜᴇ ᴇᴠᴏʟᴜᴛɪᴏɴ ᴏꜰ ꜰᴇᴅᴇʀᴀʟɪꜱᴍ ᴛɪᴍᴇʟɪɴᴇ: 

1. Dual Federalism (the 1870s -1930s) - states and national government exercise exclusive authority through the powers given to them 
2. The 1930s - 1960s Cooperative Federalism - both governments coordinate their actions to solve national problems
3. The 1970s-1980s: New Federalism - Based off of an idea that decentralization of policies enhances administrative efficiency, reduces overall public spending, and improves policy outcomes
4. Competitive Federalism Today - Certain functions belong to the federal, state, and local government 

ɪᴍᴍɪɢʀᴀᴛɪᴏɴ: 

• States said they had the right to make immigration policy 
• Staes had enacted a total of 39 laws related to immigration 
• In 2014, States and Washington Dc, has passed 288 immigration-related laws 
• 2010 Arizona passed Senate Bill 1070, which sought to make it difficult for illegal immigrants to live in the state => wanted them to return to their country 
• Federal filed a suit to block the Arizona Law 

ᴀʀɪᴢᴏɴᴀ ᴠ. ᴜɴɪᴛᴇᴅ ꜱᴛᴀᴛᴇꜱ: 

• In 2012, Supreme Court struck down three of the four central provisions of the Arizona law:
• Allowing police officers to arrest an undocumented immigrant without a warrant 
• Making it a crime to seek a job without proper immigration papers
• Making it a crime to be in Arizona without valid immigration paper
• The court upheld the “show me your papers” provision but warned them of racial profiling 

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