McCutcheon v. FEC was a landmark case in American campaign finance law which challenged that it is unconstitutional to limit an individual’s donations to as many parties as they want because in doing so their freedom of speech is being violated. The plaintiff is Shaun McCutcheon who is part of the Jefferson County Republic Party Steering Committee as well as the Reagan Foundation. The Republican National Committee was also a plaintiff. This case is a constitutional challenge to aggregate limits on contributions to federal candidates and to political committees such as PACs and parties. These aggregate limits restrict the total amount of money an individual may contribute to all candidates or all political committees during an election cycle. The plaintiff did not challenge the individual contribution limits on particular political entities but challenged the additional cap BCRA places on the total an individual can place on all political contributions. BCRA stands for the Bipartisan Campaign Reform Act of 2002, which addressed two main issues: “prohibiting national political party committees from raising or spending any funds not subject to federal limits . . . and the proliferation of issue advocacy ads” (which is defined as “electioneering communication” and was over turned in Citizens United v. FEC) (Campaign Finance Law Quick Reference for Reporters). So what does this mean exactly? Shaun McCutcheon saw it unconstitutional that he had a cap limit that
McCulloch v. Maryland case goes back to the 1800s when the State of Maryland, being unhappy with the rising power of the Bank of the United States, enacted a statute imposing a tax on all banks operating in Maryland not chartered by the state. The State of Maryland sued James McCulloch, the cashier of the bank of the Baltimore branch, for issuing bank notes without obeying to the state’s law and for failing to pay the taxes to the state. The main issues that were raised during the case were: whether or not the Congress had the power to create a bank under the Constitution and whether or not the State of Maryland had the power to impose taxes on a federal bank which was created with authorized powers under the Constitution. The case was
As an important landmark case in Congress and the Supreme Court History, McCulloch V. Maryland. Which set the guidelines for how much power congress really had as well as how much power the constitution had over state laws. It put attention the issue of a state taxing a federal bank in 1816. Maryland imposed a law that called for the taxation of banks in the state that was not chartered by state legislature during the depression of 1818. The second bank of the United States had refused to pay the tax claiming that it was unconstitutional. Leading the case to be taken to state court then the Supreme Court.
McCulloch refused to pay the tax the state of Maryland put on the Federal Bank. The Supreme Court ruled that Maryland did not have the power to tax the Federal Bank. Due to the Supremacy clause, the Constitution is the supreme law of the land, states can not create laws affecting federal laws. The ruling of the Supreme Court was in favour of the national government and led to expanding federal powers. The Constitution allows the national government to run a bank It doesn't say so directly in it, yet the court said it was an implied power.The outcome of McCulloch v. Maryland provides a more cooperative view of federalism, where the national government has broad implied powers that can prevail over the
The case McCulloch v. Maryland was one that began in the state of Maryland, and eventually was decided upon at the national level, via the Supreme Court, in 1819. It would assert national supremacy over that of state action in areas where the constitution granted forms of authority.
Directions: write a 3-5 sentence summary for each court case. The court cases are Marbury vs Madison, Mcculloch vs Maryland, and the court case is Gibbons vs Ogden. This is due on Monday, January 09, 2017
The main constitutional question within the case of Citizens United v. FEC in 2010 regarded whether sections of the Bipartisan Campaign Reform Act infringed upon the free speech clause granted to the people through the First Amendment. The Bipartisan Campaign Reform Act (BCRA) instituted in 2002 controlled how political campaigns could be financed. The act criminalized ads produced by corporations that expressly advocate for or against candidates within sixty days of general elections and thirty days of primary elections. A claim was made that in preventing funding of political campaigning by certain corporations, the government was essentially preventing them from demonstrating free political speech and breaching
McCutcheon v. Federal Election Commission was a 5-4 decision divided along liberal and conservative lines. Shane McCutcheon is a businessman from Alabama who donated thousands of dollars to various Republican committees and candidates. If he donated any more, he would violate the limit to aggregate contributions established in the Federal Election Campaign Act and the Bipartisan Campaign Reform Act. The aggregate limit capped the amount of money an individual could donate to candidates and committees per two year election cycle at 123,000. McCutcheon and the Republican National Committee sued the Federal Election Commission, which enforced campaign finance regulations, arguing that the aggregate contribution limit violated the First Amendment
In the infamous Dred Scott V. Sandford case, in 1857, the Supreme Court upheld that no one of the African American race has the ability to sue any United States federal court. Chief Justice Taney ruled that African Americans were "chattel" and had no rights under a "white man's government". Furthermore, the Missouri Compromise was affirmed unconstitutional, because the Congress does not have the power to ban slavery in the Western Territories. Sandford was favored by the Supreme Court, which gave slave owners the right of property, in the Fifth Amendment, including slaves who were bought and sold like property.
Under the Supreme Court case Citizens United v. FEC the supreme court ruled that corporations as an entity were considered people giving them the right to spend money to spread their options and beliefs. This case has been openly questioned in the media, among many members of the country and the government alike. It is still in effect today and the opinion has not changed by the supreme court. With corporations being considered people it brings into question what or who else could be considered person under US law. One example of a group that could benefit from being considered persons are animals. Animals are mistreated everyday and if they had the rights of people then this could be different. Every argument or discussion has two sides, in this case the two sides are that animals should be considered persons and the other is that they should not be considered persons. Both sides have their merits and their faults.
In the court case Obergefell et al. v. Hodges, the court ruled in favor of the plaintiff. It was hardly an overwhelming vote; the majority vote was 5-4. The court case was on the subject of same sex marriage. The court ruled that the right to same sex marriage was protected under the constitution. At first, I did not really disagree with the ruling; I do not believe same sex marriage is right, but if that is what they want then it is their choice. After reading about the case, however, I have changed my mind. After reading the dissents of the Chief Justices that did not agree, my stance changed.
1. How, if at all, can you distinguish Greber from other instances of payment for professional services? Suppose the percentage Dr. Greber paid to the physicians had not exceeded Medicare’s guideline? Would that payment still amount to prohibited remuneration in this court’s eyes?
For starters, Citizens United v. FEC is a legal case that was brought to the Unites States Supreme Court in 2010. This case involved the parties of Citizens United, a conservative non-profit organization versus the Federal Election Commission (FEC). The
Abortion has been one of the most controversial topics of America fought between two sides since the 1800s. It was not until the 1973 Supreme Court case of Roe v. Wade, that the two sides that are known today as Pro-Choice and Pro-Life emerged as the names of the people fighting for each of their thoughts and beliefs.
The purpose of this research is to rationalize an amendment to the Constitution of the United States forcing Supreme Court Justices into a medical review to determine if the Justices are physically and mentally able to continue to serve their tenure. The focus is to create a half way point between two opinions in the very controversial subject of the Supreme Court Justices tenure. As the Judicial Branch becomes more active, citizens have questioned the rationale of justices serving for life, while others maintain that there is no need for change. The middle ground purposed is the establishment of a medical review of the justices and the hard part is establishing when they are medically unfit to serve. Considering the Constitutional purpose
“The power to tax involves the power to destroy.” This is what the Supreme Court determined in the landmark decision of McCulloch v. Maryland. Presently churches or religious establishments are tax exempt. Many people vividly oppose the government’s stance on the issue, but though the government does many things wrong, as many will tell you, this is not one one of them.