The statute provided that all banks who were taxed were prohibited from issuing bank notes except upon stamped paper issued by the state. The statute set forth the fees to be paid for the paper and established penalties for violations. Congress has the power under the Constitution to incorporate a bank pursuant to the Necessary and Proper clause in Article I, section 8. Marshall, the chief justice, held that while the states retained the power of taxation, "the constitution and the laws made in pursuance thereof are supreme. . .they control the constitution and laws of the respective states, and cannot be controlled by them." I agree with this decision because
Palko v. Connecticut (1938)
Frank Palko was convicted and found guilty of second degree murder and sentenced to life in prison. However, The state of Connecticut appealed and won a new trial; this time the court found Palko guilty of first-degree murder and sentenced him to death. The supreme court upheld the second conviction, with 8 votes for Connecticut to 1 vote against. The simple explanation of this case is that protection against double jeopardy, which is a second prosecution for the same offense after acquittal or conviction or multiple punishments for same offense, was not a fundamental right, which was addressed in 14th and 5 the amendment. This is also example of activist court decision. I do not agree of this decision because life imprisonment was sufficient and could not be convicted twice and charged differently.
Schenck v. U.S. ( 1918 )
Schenck was convicted of great resistance to the military draft during WWI. The main problem was Schenck's actions (words, expression) and was he protected by the free speech clause of the First Amendment. During wartime, utterances, words and expressions, tolerable in peacetime can be punished. Of course time and situation is crucial, but every individual should have the right to express their opinion without punishment.
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