Which concerned judicial review, South Dakota v. Dole or Marbury v. Madison?
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South Dakota v. Dole South Dakota v. Dole, 483 U.S. 203 (1987), was a case in which the United States Supreme Court considered the limitations the Constitution places on the authority of the United States Congress when it uses its authority to influence the individual states in areas of authority normally reserved to the states. It upheld the constitutionality of a federal statute that withheld federal funds from states whose legal drinking age did not conform to federal policy.
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Marbury v. Madison Marbury v. Madison, 5 U.S. 137 (1803) , is a landmark case by the United States Supreme Court which forms the basis for the exercise of judicial review in the United States under Article III of the Constitution. The landmark decision helped define the boundary between the constitutionally separate executive and judicial branches of the American form of government.
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Multiple Access Ltd v McCutcheon Multiple Access Ltd v McCutcheon is a leading constitutional decision of the Supreme Court of Canada on the resolution of overlapping federal and provincial laws under the doctrine of double aspect.
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Marshall v. Marshall Marshall v. Marshall, 547 U.S. 293 (2006) is a case in which the United States Supreme Court held that a federal district court had equal or concurrent jurisdiction with state probate (Will) courts over tort claims under state common law. The case drew an unusual amount of interest because the petitioner was Playboy Playmate and celebrity Anna Nicole Smith (whose legal name was Vickie Lynn Marshall). Smith won the case, but unsolved issues regarding her inheritance eventually led to another Supreme Court case, "Stern v. Marshall". She died long before that case was decided.
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Judicial interpretation Judicial interpretation refers to different ways that the judiciary uses to interpret the law, particularly constitutional documents and legislation. This is an important issue in some common law jurisdictions such as the United States, Australia and Canada, because the supreme courts of those nations can overturn laws made by their legislatures via a process called judicial review.
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Duncan v. Louisiana Duncan v. Louisiana, 391 U.S. 145 (1968), was a significant United States Supreme Court decision which incorporated the Sixth Amendment right to a jury trial and applied it to the states.
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Heath v. Alabama Heath v. Alabama, 474 U.S. 82 (1985), is a case in which the United States Supreme Court ruled that, because of the doctrine of "dual sovereignty" (the concept that the United States and each state possess sovereignty – a consequence of federalism), the double jeopardy clause of the Fifth Amendment to the Constitution does not prohibit one state from prosecuting and punishing somebody for an act of which he had already been convicted of and sentenced for in another state.
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Gibbons v. Ogden Gibbons v. Ogden, 22 U.S. 1 (1824), was a landmark decision in which the Supreme Court of the United States held that the power to regulate interstate commerce, granted to Congress by the Commerce Clause of the United States Constitution, encompassed the power to regulate navigation. The case was argued by some of America's most admired and capable attorneys at the time. Exiled Irish patriot Thomas Addis Emmet and Thomas J. Oakley argued for Ogden, while U.S. Attorney General William Wirt and Daniel Webster argued for Gibbons.
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Apprendi v. New Jersey Apprendi v. New Jersey, 530 U.S. 466 (2000) , is a landmark United States Supreme Court decision with regard to aggravating factors in crimes. The Court ruled that the Sixth Amendment right to a jury trial, incorporated against the states through the Fourteenth Amendment, prohibited judges from enhancing criminal sentences beyond statutory maxima based on facts other than those decided by the jury beyond a reasonable doubt. The decision has been a cornerstone in the modern resurgence in jury trial rights. As Justice Scalia noted in his concurring opinion, the jury-trial right "has never been efficient; but it has always been free."
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Brown v. Maryland Brown v. Maryland, 25 U.S. (12 Wheat.) 419 (1827), was a significant United States Supreme Court case which interpreted the Import-Export and Commerce Clauses of the U.S. Constitution to prohibit discriminatory taxation by states against imported items after importation, rather than only at the time of importation. The state of Maryland passed a law requiring importers of foreign goods to obtain a license for selling their products. Brown was charged under this law and appealed. It was the first case in which the U.S. Supreme Court construed the Import-Export Clause. Chief Justice John Marshall delivered the opinion of the court, ruling that Maryland's statute violated the import-export and commerce clauses and the federal law was supreme. He alleged that the power of a state to tax goods did not apply if they remained in their "original package". A license tax on the importer was essentially the same as a tax on an import itself. Despite arguing the case for Maryland, future chief justice Roger Taney admitted that the case was correctly decided.
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Dalton v. Specter Dalton v. Specter, 511 U.S. 462 (1994) , was a case in which the United States Supreme Court held that an Executive Order to shut down the Philadelphia Naval Base was not subject to judicial review. In an opinion written by Chief Justice William Rehnquist, the Court held that the decision to close the base was not subject to review under the Administrative Procedure Act because the decision to close the base did not constitute the final action of an agency. Additionally, the Court held that the decision to close the base, which was made pursuant to the Defense Base Closure and Realignment Act of 1990, was not subject to judicial review because the 1990 Act "commits decisionmaking to the discretion of the President".
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Washington v. Davis Washington v. Davis, 426 US 229 (1976) was a United States Supreme Court case that established that laws that have a racially-discriminatory effect but were not adopted to advance a racially-discriminatory purpose are valid, under the US Constitution.
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Hodgson v. Bowerbank Hodgson and Thompson v. Bowerbank, 9 U.S. 303 (1809) , was a United States Supreme Court case that held part of the Judiciary Act of 1789 unconstitutional. The invalidated portion conferred federal courts jurisdiction to try cases between aliens.
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Attorney General of South Dakota The Attorney General of South Dakota is the state Attorney General of the U.S. state of South Dakota. The Attorney General is the state's chief legal officer and is an executive position elected by the voters for a four-year term.
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Ludwig v. Massachusetts Ludwig v. Massachusetts, 427 U.S. 600 (1976) , was a case in which the Supreme Court of the United States held that the Massachusetts two-tier court system did not deprive Ludwig of his U.S. Const., Amend. XIV right to a jury trial and did not violate the double jeopardy clause of the U.S. Const., Amend. V.
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Waite Court The Waite Court refers to the Supreme Court of the United States from 1874 to 1888, when Morrison Waite served as the seventh Chief Justice of the United States. Waite succeeded Salmon P. Chase as Chief Justice after the latter's death. Waite served as Chief Justice until his death, at which point Melville Fuller was nominated and confirmed as Waite's successor. The Waite Court presided over the Gilded Age and the end of the Reconstruction Era. It also played an important role in the 1876 presidential election, as five of its members served on the Electoral Commission that was created to settle the contested election. During the Waite's tenure, the jurisdiction of the federal courts was expanded by the Jurisdiction and Removal Act of 1875, which gave federal courts full jurisdiction over federal questions.
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Home Building &amp; Loan Ass'n v. Blaisdell Home Building & Loan Association v. Blaisdell, 290 U.S. 398 (1934), was a decision of the United States Supreme Court holding that Minnesota's suspension of creditors' remedies was not in violation of the United States Constitution. "Blaisdell" was decided during the depth of the Great Depression and has been criticized by modern conservative and libertarian commentators.
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Downes v. Bidwell Downes v. Bidwell, 182 U.S. 244 (1901) , was a case in which the US Supreme Court decided whether US territories were subject to the provisions and protections of the US Constitution. This issue is sometimes stated as whether the Constitution follows the flag. The resulting decision narrowly held that the Constitution did not necessarily apply to territories. Instead, the US Congress had jurisdiction to create law within territories in certain circumstances, particularly in those dealing with revenue, which would not be allowed by the Constitution for proper states within the Union. It has become known as one of the "Insular Cases".
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William Marbury William Marbury (November 7, 1762 – March 13, 1835) was a highly successful American businessman and one of the "Midnight Judges" appointed by United States President John Adams the day before he left office. He was the plaintiff in the landmark 1803 Supreme Court case "Marbury v. Madison".
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Chase Court The Chase Court refers to the Supreme Court of the United States from 1864 to 1873, when Salmon P. Chase served as the sixth Chief Justice of the United States. Chase succeeded Roger Taney as Chief Justice after the latter's death. Chase served as Chief Justice until his death, at which point Morrison Waite was nominated and confirmed as Chase's successor. The Chase Court presided over the end of the Civil War and much of the Reconstruction Era. During the Chase Court, Congress passed the Habeas Corpus Act 1867, giving the court the ability to issue writs of habeas corpus for defendants tried by state courts. The Chase Court interpreted the Fourteenth Amendent for the first time, and its narrow reading of the Amendment would be adopted by subsequent courts.
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Kidd v. Pearson Kidd v. Pearson, 128 U.S. 1 (1888), was a case in which the Supreme Court of the United States held that a distinction between manufacturing and commerce meant that an Iowa law that prohibited the manufacture of alcohol (in this case for sale out-of-state) was constitutional as it did not conflict with the power of the US Congress to regulate interstate commerce.
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Lake County, South Dakota Lake County is a county located in the U.S. state of South Dakota. As of the 2010 census, the population was 11,200. Its county seat is Madison. The county was formed in 1873.