III Important Supreme Court Cases A Mc Culloch

A. Mc. Culloch V Maryland (1819) • First major battle over federalism – The

• 1791 – Congress created a national bank with a 20 year charter

• Many Americans were against the B. U. S. • Was able to

B. Stop the B. U. S. • James Mc. Culloch refused to pay a

C. Marshall’s Decision • Admits not written in Constitution • Says a written constitutions

• Congress may do whatever is appropriate to carry out their written powers

D. Reynolds V. United States (1879) • George Reynolds, member of the Mormon Church,

• Mormon Church allowed males to have more than one wife • 1

Question • Should the government be able to regulate how many wives you have?

E. Court’s Ruling • Court unanimously ruled that it was illegal to have more

• People have freedom over religious beliefs • Court can regulate religious actions

F. Establishment Clause • 1) No state church • Prohibits the government from forming,

G. Engal v. Vitale (1962) • Before 1962, 67% of public schools started the

H. Lemon v Kurtzman (1971) • Lemon Test • 1) Is there a legitimate

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III. Important Supreme Court Cases

A. Mc. Culloch V Maryland (1819) • First major battle over federalism – The power of the national government • 10 th Amendment – Framers said that if its not in the Constitution it is left to the states

• 1791 – Congress created a national bank with a 20 year charter • 1816 – A new charter was granted to the Bank of the United States (B. U. S. )

• Many Americans were against the B. U. S. • Was able to control the entire economy in the United States • B. U. S. overextended their credit which led to a widespread depression

B. Stop the B. U. S. • James Mc. Culloch refused to pay a Maryland state tax on the bank • B. U. S. should not exist because it was not intended by the framers

C. Marshall’s Decision • Admits not written in Constitution • Says a written constitutions is short and ambiguous • Framers left an important tool “Necessary and Proper Clause” • Gives federal government implied powers

• Congress may do whatever is appropriate to carry out their written powers • “Let the end be legitimate and the means appropriate”

D. Reynolds V. United States (1879) • George Reynolds, member of the Mormon Church, was charged with bigamy • Bigamy – Having more than one spouse

Mormon Temple

• Mormon Church allowed males to have more than one wife • 1 st Amendment – Guarantees the free exercise of religion

Question • Should the government be able to regulate how many wives you have?

E. Court’s Ruling • Court unanimously ruled that it was illegal to have more than one wife • Stated that if they allowed polygamy they would have to allow ritual killing of another religion

• People have freedom over religious beliefs • Court can regulate religious actions that violate social order • Court can also protect marriage because majority of people consider it “a sacred obligation”

F. Establishment Clause • 1) No state church • Prohibits the government from forming, funding, or operating a church • 2) No state endorsement • Government can give no preference for one religion over another or religion over nonreligion

G. Engal v. Vitale (1962) • Before 1962, 67% of public schools started the day with a prayer or readings from the Bible • Most states had an official state prayer said before the school day • Five parents complained about a New York prayer • Ruled this practice unconstitutional

H. Lemon v Kurtzman (1971) • Lemon Test • 1) Is there a legitimate secular purpose? • 2) Is the primary effect to advance religion? • 3) Is state money going to support a completely religious message?