Constitutional Law
Spring outline
1. 9 Supreme Ct. justices
John Roberts
Kennedy
Ginsburg
Scalia
Olita
Clarence Thomas
David Sutter
Brier
Stevens
2. 1st chief justice of U.S. John Jay – CHIEF JUSTICE OF UNITED STATES – NOT SUPREME CT.
3. How many states were required to vote to ratify constitution? 9 states
4. Which article lays out this requirement? 7
How many circuits are their in the U.S. Ct. of Appeals? 13 (with DC and
In which appellate circuit is S.C. located? 4th
How many articles make up the U.S. constitution? 7
How many amendments have been made to the constitution? 27
What was the subject matter of that amendment? Compensation for members of house and senate, 1992.
Qualifications of justice serving on the U.S. Supreme Ct.,
· nominated by President,
· confirmation by the Senate
content of all the articles in Constit,
Article 1-legislative, people come first, will of people
Article 2-executive
Article 3-judiciary
Article 4-relations between states & citizens
Article 5-amendment process
Article 6-supremecy clause
Article 7-ratification
Quizzes, 2 questions
Mid-term, 20 multiple choice
(3 functions of constitution)
separation of powers, legislative, executive, judiciary
· constitution establishes national govt. and allocates power among the branches of govt.
· legislative – branch that will enforce the will of people
· Supreme Ct – judiciary branch
federalism
· regulating or controlling the relationship between state and federal govts.
· States were closer to people, more direct relationship
libertarianism – core of constitution, individual rights are to be respected and protected
guarantees that we will have a govt. that is limited in order to promote individually liberty.
10th amendment – powers reserved to states or people, the power not delegated to the U.S. by the Const., nor prohibited by it to the States, are reserved to the States respectively, or to the people.
Protections to limit power of govt.
Right to bear arms
Worship
Speak ones mind
Negative rights – what the govt. doesn’t provide
Postive rights – what govt. must provide
Difference between constit. and statutes, Ease of change
We entrust ct. to make judicial review – begins with Marshall ct.
Judges have responsibility of interpreting constit.
Colonial Influences
Body of Liberties – the organizing document for the MASS
i. Three features stand out
· foreshadows due process clause.
· section on capital crimes – the way in which the state decides which acts are so heinous, people may be executed
· equal protection
· Religious dissenters
· Women
Coverture – wifes are covered by their husbands for all the necessaries of the life.
· African slaves – no rights, acceptable to own during colonial period, recognized by law
a. Terrinolies – empty land
· Native Americans
Change from Articles of Confederation
Proper Form of Govt.
The Roll of the Judiciary –
Federalist No. 78, Hamilton
i. Stated concerns
· method of appointing judges
· tenure
· the partition of judicial authority between cts, and other relations to each other
ii. Sees judiciary as weakest branch of government
iii. If they make an unpopular decision and have to stand for re-appoint, that may determine how they vote or rule
· Want to distance members of judiciary from petty concerns
· In continuing threat of being overpowered.
· Has no authority if it has no permanence.
· He sees creation of life tenure as only way to protect.
· He entrusts new branch to interpret a limited constitution –one with limitations on legislative authority.
· Proper role of courts serve as immediary body between legislature and people.
· Will of people as expressed in constitution must be obeyed.
· Finding judges and justices by strict rules and precedent.
Not one of the 1st 10 of the amendments applied directly to state rights.
Held Bill of Rights didn’t apply to states.
Which of the Bill of Rights applies to private conduct?
Does not allow one individual to lodge a complaint against another individual
intment, assimilated to a deed, delivery is essential.
Rule: to render the mandamus a proper remedy, the officer to whom it is directed, must be one to whom, on legal principles, such writ may be directed, and the person applying for it must be without any other specific and legal remedy.
Where he is directed by law to do a certain act affecting the absolute rights of individuals, in the performance of which he is not placed under the particular direction of the president, (mandamus is appropriate.)
“the supreme ct. shall have original jurisdiction in all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be a party. In all other cases, the supreme ct. shall have appellate jurisdiction.”
It is the essential criterion of the appellate jurisdiction, that it revises and corrects the proceedings in a cause already instituted, and does not create the case.
The authority given to the supreme ct., by act establishing the judicial cts. of the U.S., to issue writs of mandamus to public officers, appears not to be warranted by the consitution.
The constit. is superior to any ordinary acts of the legislature.
Marbury v. Madison establishes:
creates the authority for judicial review of executive actions. Only the political process is the check on the executive branch.
Article III is the ceiling of fed. Ct jurisdiction.
Congress cannot expand the original jurisdiction of the Supreme Ct.
Article II authorizes the maximum jurisdiction of the fed. Cts.
the authority for judicial review of legislative acts.
The Supreme ct. did not declare another fed. Statute unconstitutional until 1857 in the infamous case of Dres Scott v. Sandford, 1857.
