Williams/Constitutional Law/Spring 2012
SECTION 1: THE CONSTITUTION OF THE UNITED STATES
I. Constitutional Controversies
A. Bicameral Legislature
B. Presidency: Tenure? How should he be elected?
C. Slavery
D. Powers of the National Government: How to limit and prevent abuse?
1. Federalism: political concept where a group of members are bound together by covenant with a governing representative head
2. Enumerated Powers
3. Checks and Balances
4. Bill of Rights
II. Basic Features of the Constitution
A. Written: oldest continually operative written constitution
B. Supreme (Supremacy Clause; Article VI)
C. Limits Federal Powers: (Article I §8 and Doctrine of Enumerated Powers)
D. SC Applies and Interprets Constitution (Marbury v. Madison; Martin v. Hunter’s Lessee)
E. Checks and Balances (Doctrine of Separation of Powers)
F. Rights of States: All powers not granted to the United States nor prohibit the States, are reserved for the States and the people respectively. (10th Amendment)
E. Restrictions: affirmatively restricts what the state and federal governments may do (Article I §9, 10; Bill of Rights)
III. Why a Constitution?
[Contract, Polity, Institution, Allocates power and creates rules, Establish limits, Assigns responsibilities]
IV. Why is the Constitution binding?
[Provides framework for day-to-day political action, Substantively justified, Social Contract, Pragmatic]
V. Constitutional Difficulties
[Anti-Democratic, Amendment, Interpretation and Application)
VI. Intellectual Origins of the Constitution
A. “Madisonian” Republicanism (Federalists)
1. Elected individuals as representatives
2. Large republic
3. Governing institutional system of “checks and balances” (Federalist No. 51)
B. “Antifederalists”
1. Everyone participates, no elected individuals
2. Feared a powerful, centralized government
3. Feared emphasis on commercial development would increase ambition and avarice
VII. Constitutional Challenges
A. Challenges to the Exercise of National Governmental Power
1. Federal Gov’t has implied powers (Doctrine of Enumerated Powers)
2. Each branch has its own specific powers, implied or expressed that cannot be infringed upon (Doctrine of Separation of Powers)
3. Certain actions are affirmatively prohibited by the Constitution. (Doctrine of Protected Rights)
B. Challenges to the Exercise of State Power
1. Federal gov’t has express or implied subject matter
2. There are Const. restrictions that safeguard particular rights.
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SECTION 2: JUDICIAL REVIEW: FEDERAL AND STATE
I. Marbury v. Madison (Can the SC review federal actions?)
A. Issue 1: Does Marbury have a right to the commission?
1. Yes, he was officer President appointed. (Backed by text: Article II §2 provides President shall appoint Officers. Article II §3 provides that President shall commission Officers. D.C Judges act creates office of justice of peace and prescribes a fixed term.)
B. Issue 2: Then, does Marbury get a remedy?
1. Court says: If nondiscretionary, courts may provide a remedy.
C. Issue 3: Can the Supreme Court issue the remedy?
1. Appropriate remedy = Writ of Mandamus (judicial writ issued by command to an inferior court ordering a person a public or statutory duty)
a. Mandamus is proper where an officer is directed by law to do a certain act affecting the absolute rights of individuals where the officer has a non-discretionary duty to perform some act.
2. Does the Supreme Court have the power to issue a mandamus? Applicable Laws:
a. Plausible interpretations of §13 of the Judiciary Act of 1789
[Reasons: Original jurisdiction, Appellate jurisdiction, OR no specificity to original nor appellate]
b. Article III §2 Supreme Court Jurisdiction
i. Cases affecting public ministers give Supreme Court original jurisdiction. “Court shall have appellate jurisdiction, both as to Law and Fact, with such exceptions, and under such Regulations as the Congress shall make.”
ii. Is original jurisdiction fixed? Plausible interpretations of Article III §2
1. Appellate adjustment only. OJ = fixed, AJ = flexible
2. Original to Appellate. Congress can take cases from OJ and apply to AJ
3. Appellate to Original. Congress may shift cases from the Court’s AJ to Court’s OJ.
4. Original or Appellate. Congress may fix cases in OJ or AJ
3. Path to the Constitutional Question
Art. III Allows Congress to Confer Original Jurisdiction
Art. III Prohibits Congress from Conferring Original Jurisdiction
Section 13 of Judiciary Act Does Not Confer Original Jurisdiction
No Conflict. Petition dismissed for lack of jurisdiction.
No Conflict. Petition dismissed for lack of jurisdiction.
Section 13 of Judiciary Act Confers Original Jurisdiction
No Conflict. Court Issues Writ.
Conflict. Court must decide whether to give legal effect to unconstitutional law.
D. Holding: Marbury’s petition is dismissed because the statute (Judiciary Act of 1789 §13) is unconstitutional. Article III does not authorize original jurisdiction in this sort of case and the Constitution does not grant Congress the power to add new classes of cases to the Court’s original jurisdiction (See top right block of above chart).
E. Arguments in Support of Judicial Review
1. Fundamental Principles
a. Gov’t’s powers limited
b. Must follow a written constitution
c. Judicial duty to interpret law
d. No judicial review, limited government would be threatened.
2. Textual Analysis
a. Judicial power extends to arising under cases (Article III §2)
b. Particular clauses presuppose judicial review
c. Judges oath to support the Constitution
d. Supremacy Clause (Article VI)
F. Importance: Establishes “judicial review”: the power of the Supreme Court to refuse to give legal effect to legislation that is inconsistent with the Constitution
II. Martin v. Hunter’s Lessee
A. Black Letter Law: Discusses SC’s review of State court decisions
B. Facts: British loyalist inherited British property. VA confiscated land and gave to patriot. Loyalist filed suit and won. VA Appeals reverses. SC reverses and remands. VA argues SC lacked jurisdiction.
1. VA Appeals decisions/rationale:
a. SC review of state decisions is infringement of state sovereignty
b. Constitution allows federal gov. act on the people, not states.
c. State courts are separate sovereigns from fed. Courts.
d. Art. III appellate jurisdiction does not extend to state court
2. SC Holding
a. Art. III §2: “Judicial power shall extend to all Cases”…SC “shall have appellate jurisdiction” in ALL case
stitutional claims?
2. Can Congress deprive ALL federal courts from hearing such cases?
3. Why would Congress enact/consider this sort of legislation?
4. What would be the effect of such jurisdiction stripping?
B. Examples of proposed legislation that didn’t work:
1. Sanctity of Life Act: SC cannot hear cases protecting the rights of humans between conception and birth
2. Safeguarding Our Religious Liberties Act: Lower fed courts and SC do not have appellate jurisdiction to hear cases about 10 Commandments, Pledge, Motto
3. Constitution Restoration Act of 2005: Fed cts cannot hear cases dealing with God, cannot use international law, etc.
IV. Ex Parte McCardle
A. Facts: McCardle appealed from a denial of habeas corpus to the SC, but Congress passed an act forbidding the Court jurisdiction.
B. 1867 Act: Amends Judiciary Act of 1789; “power to grant writs of habeas corpus in cases where any person may be restrained of his or her liberty in violation of the Constitution.” SC also has appellate authority.
C. Repealer Act: Repeals SC’s authority for appellate review of 1867 Act.
D. Issues:
1. Does the Repealer Act of 1868 deprive SC jurisdiction of McCardle’s appeal? (Question of statutory interpretation)
*[Court notes that its appellate jurisdiction is not dependent on an act of Congress, but is “conferred by the Constitution.”]
a. Art III §2 Scope of Judicial Power
b. But Art III jurisdiction is subject to “such exceptions and under such regulations as Congress shall make.” (Exceptions Clause)
c. Black Letter Law: Although the SC derives its appellate jurisdiction from the Constitution, the Constitution also gives Congress the express power to make exceptions to that appellate jurisdiction.
1. Plenary Power: exceptions clause enables Congress to make exceptions to appellate jurisdiction of SC as it sees fit (Can’t be used to violate the Constitution)
2. “Essential function” limitation: Congress may not use the exceptions power so as to destroy the essential function of the SC in our constitutional order.
d. Upholding Repealer Act, Court dismisses case
V. Klein v. United States
A. Facts: During Reconstruction, Congress passes law allowing people to reclaim property if they were not proved to be rebel sympathizers. In U.S. v. Padleford a presidential pardon is proof of not siding with the rebels. Congress reacts: pardon inadmissible. In fact, pardon, without disclaimers of guilt, is proof that the pardoned person had aided the rebellion. Statute also said: “Upon proof of such pardon…the jurisdiction of the court in the case shall cease, and the court shall forthwith dismiss the suit.”
B. Holding: Court held Congress was attempting to prescribe rules of decision. (Violation of separation of powers principles). Congress was overstepping their constitutional boundaries.
