LANDMARK CASE DECISIONS

-Bush v. Gore

-Dredd Scott v. Sanford

-Mcculloch v. Maryland

By Jonathan Mazzella

Bush V. Gore

Plaintiff Arguments

George Bush and the Republican party claimed that they had won the state of Florida therefor winning the election.

Bush complained also that the recount of the votes undermined the 14th amendment of the constitution.

Defendant Arguments

Al Gore and the Democratice party believed they had won the state of Florida and the election

Al Gore demanded a recount of the votes, because he felt that it was unfair to bas who had won off of a state election that was not properly counted.

Verdict

The U.S. Supreme Court ruled in favor of Bush and the Republican party.

The recount of the votes had violated the 14th amendment of the Constitution which “requires the federal government to respect, maintain and uphold the legal rights of American citizens. Governments in the United States are not allowed to infringe on the civil rights and liberties of its people”

Dredd Scott V.

Sanford

Plaintiff Arguments

Dredd Scott believed that he should be a free man because his owner moved to a free state but then died.

He claimed that since he was left in a free state when his owner died he should have a right to freedom.

Dredd Scott had his freedom for a short period of time and when he was reclaimed he tried for his freedom again.

Defendant Arguments

John Sanford (who represented Emerson) said that since Dredd Scott belonged to Emerson he should be given to another member of the family since he was only “property”

Verdict

The U.S. Supreme Court ruled that Congress did not have the right to declare states as “free states”

They also ruled that Dredd Scott was only considered property and that he belonged to Sanford.

Mcculloch V. Maryland

Plaintiff Arguments

McCulloch, the manager of a federal bank in Maryland did not believe that the state of Maryland had the right to tax a federal bank.

He thought that since it was a branch of the government that they should not have to pay state taxes.

Defendant Arguments

The state of Maryland claimed that since the Bank was on Maryland territory, using Maryland’s resources, and Maryland’s money, that they should have to pay taxes.

They did not think being a branch of the government had anything to do with taxation.

Verdict

The Supreme Court ruled the following: Firstly, the Congress of the United State

s is granted for certain implied powers by the Constitution that are implemented in order to ensure for the proper function of the Federal Government.

The other major outcome was that the States cannot impose on the powers granted by the Constitution to the Federal Government by any action, such as levying a bank tax on a national bank.