Constitutional Law Outline
Rhodes
Spring 2013
The U.S. Constitution
ORIGIN
Revolutionary War
1) King & Parliament didn’t give natural rights of entitlement
Articles of Confederation
2) Created a Congress with the power to wage war against foreign nations; issue with Indians; Issue with the currency across the states who each basically acted as a nation; No tax or commerce power
Constitutional Convention
3) Secretly establishes the government function; No bill of rights (Anti-Federalists against it because it gave too much power to national gov’t)
1789 Bill of Rights
4) All but 2 proposed were passed (2 later become the 27th amendment)
Federalists v. Antifederalists
v Federalists
Ø Nationalists, believed in a strong national government
§ Banking/Commercialà Washington, Hamilton, Adams, Marshall, Burr
v Anti-Federalists
Ø Believed in a small national government with lots of powers to the states
§ Agrarian (agricultural)à Madison, Jefferson
FUNCTIONS OF THE U.S. CONSTITUTION
v Establishes a national government & separation of powers
Ø Legislative Power (Article I)
§ Congress cannot pass any law alone; must be necessary and in accordance with the separation of powers
§ Congress becomes the House & the Senate
· Qualifications of being in CongressàElections
§ Powers of Congress: Tax, spend, regulate interstate commerce, borrow and coin $$
Ø Executive Power (Article II)
§ Powers of Executive Branch: Commander-in-Chief, Treaties, Appointments, and Veto
Ø Judicial Power (Article III)
§ Powers of Judicial Branch: Defines cases & controversies between states and the courts can hear them
v Establishes Federalism
Ø The federal and state relationship and how they operate
§ There must be a source of authority before acting
§ Any power not legislatively stated goes to the states (police power)
§ The federal law is the supreme law of the land
v Establishes Individual Rights & Liberties
Ø Protects citizen’s rights against government interference
Ø Right to a jury trial (7th amendment)- Does not apply to states
Ø Prohibition of slavery (13th amendment)
MODALITIES OF INTERPRETATION
v Textual: Words and language of the text
Ø Most important of all modalities because it is explicit
Ø Limitations
§ Ambiguous
§ Not exhaustive
v Historical: “Original Intent” of the Framers
Ø Originalism
§ Original intent of the framers
· Binds us to the original framers intent
· Exceptions: too long ago (outdated), multiple conflicting views on the issue
§ Original meaning of terms in the language usedà Apply to current time (Scalia)
Ø Traditions
§ Individual: using arms against tyranny
§ Collective(for the greater good): Protect the invasion of person rights from the federal government
v Structural: What the texts shows, but doesn’t say
Ø How the Constitution is organized
Ø EX: Separation of Powersà always brings up a structural argument
§ SOP not explicitly stated but the structure of the USC shows the intent
Ø Limitations: Structure can only be taken so far
v Doctrinal: Stare Decisis of S.Ct Opinions
Ø Limitation: Circumstances or facts can change
v Prudential: Practical consequences behind interpreting the reading a certain way
Ø Consider the practical consequences, the impact or repercussion of interpreting the USC a certain way
Ø The is the weakest of all of the arguments
v Ethical: National Values
Ø Right v. Wrong; appeal to the moral values of what the interpretation means
Ø Ties into national traditions (i.e. Declaration of Independence)
CONSTITUTIONAL INTERPRETATION & JUDICIAL REVIEW:
JUDICIAL REVIEW OF CONGRESSIONAL & EXECUTIVE ACTS (MARBURY V. MADISON)
Background-
Organic Act for D.C. of 1801- Allowed President to appoint Justices of the Peace
Judiciary Act of 1789- Provision allowing the S.Ct to have mandamus jurisdiction; This is unconstitutional because Congress cannot add to the original jurisdiction provided by the USC (However, they can subtract)
Judicial Review- Process where the courts review the constitutionality of government acts (Marbury)
3 reasons Judicial Review exists:
1. People accept it
2.
ss, expression, petition, and assembly
Ø 2nd Amendment: Bear arms
Ø 3rd Amendment: Quarter Soldiers
Ø 4th Amendment: Search & Seizure
v Control
Ø Are we limited to this text?
Ø Can we incorporate in natural law?
Ø What government entities have to abide by these laws?
JURISDICTIONAL LIMITATIONS ON SUPREME COURT- CONGRESS’S POWER & LIMITATIONS
Article III of the Constitution
v Powers to regulate Supreme Court Appellate Jurisdiction
o Separation of Powers concerns
§ Supreme court has too much power
§ Supreme court loses legitimacy(by going out of the bounds of proper judicial controls set by the Constitution)
o Limitation on Power Restriction to Supreme Court
§ Congress cannot-
· Tell the Court how to decide
· Violate Due Process
· Violate individual rights
v Establishment and Limitation of Lower Federal Court Jurisdiction
o Subject Matter Jurisdiction
§ Supreme Court judicial power extends to “cases and controversies” arising under the Constitution- §1332
v Klein- Congress Limitations
o 2 Congress Limitations
§ Court says Congress cannot impose a jurisdictional rule to interfere with judicial power with respect to being able to declare what the law is
§ Congress must abide by Constitutional requirements
v McCardle- Effect of Jurisdictional Statute
o Repeal of new jurisdictional statute is given immediate effect
JUSTICIABILITY DOCTRINES
Judge made rules to implement the “cases or controversies” requirement of SMJ
v Applies to all federal court cases
v Standing, Ripeness, Mootness are designed to prevent Advisory opinions
v All doctrines must be met, even of BOTH parties request review
