Supreme court cases of the 19th century that increased states' powers?


whoops no i meant 1900s lol sorry. I had both of the two you gave me, it would really help if you cold give me one or two other cases that happened in the 1900s

1 Answer

  • 9 years ago
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    United States v. Lopez - the first United States Supreme Court case since the New Deal to set limits to Congress's power under the Commerce Clause of the United States Constitution.

    Gonzales v. Oregon - ruled that the United States Attorney General could not enforce the federal Controlled Substances Act against physicians who prescribed drugs, in compliance with Oregon state law, for the assisted suicide of the terminally ill.

    These are just two of them that came to mind. I am sure there are plenty more.

    EDIT: Wait, do you only want cases in the 1800's? I just realized it says cases "of" the 19th century, and I first read it as "since" the 19th century. Let me look up some cases of the 1800's because Lopez was decided in 1995, and Gonzales was decided in 2006. I'll be back after a word from our sponsor. Haha..

    EDIT AGAIN: Well, I'm back, but unfortunately, there aren't very many cases I can find from way back in the 1800's that deal with the 10th Amendment and state's sovereign immunity, HOWEVER, Marbury v. Madison (1803) gave the power of federal judicial review, and although that sounds all federally, and all that, it actually gives states' a remedy to settle disputes in regards to interpreting the Constitition as opposed to having the government just say whatever they say goes, so Marbury v. Madison is one of the biggest cases, and it technically limits federal powers, because every case that is heard in front of the Supreme Court that involves a government as a party (See both cases I mentioned, as they both are the feds versus a state's right) has to surpass the Supreme Court's interpretation that whatever they are doing is in fact Constitutional. So I would say it fits the bill, or at least without the power of Judicial Review, we would have no way to contest what the government tries to do. So thank your lucky stars we have a Supreme Court because without them, it would be all whatever the feds want.

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