Constitutional Law I
Drafted in 1787
Ratified in 1791
Art. I: creates legislature
– two houses
– qualifications for election into legislature
– procedure for enacting bills into law
– rules for election
– power of congress (art. I sect. 8)
Art. II: establishes executive branch
– defines the office
– defines term limits & requirements
– enumerates power of the president
– outlines qualifications for election
Art. III: establishes judicial branch
– gives congress the power to create lower/inferior courts (Ordain & Establish Clause)
– creates the S. Ct.
– establishes right to trial by jury
– lays out jurisdiction of S. Ct. (art. III sect. 2 cl. 1)
o all cases in law and equity, arising under the const.
o laws of the US
o treaties
o ambassadors, public ministers, consuls
o admiralty & maritime
o controversies where the US is a party
o controversies between states/states & citizens/citizens of different states
o foreign states
– divides cases up by original & appellate jurisdiction (art. III sect. 2 cl. 2)
o original
§ ambassadors, public ministers, consuls
§ states party
o appellate
§ everything else
§ with such exceptions and under such regulations as the congress shall make
Art. V
– procedure for amending const.
Problems with articles of confederation
– not being able to tax
– each state issuing own currency
– no regulation of interstate commerce, resulting in state discrimination against each other
– no executive or judiciary branch
Federal Judicial Power
Marbury v. Madison
– gives the S. Ct. the power to rule on the constitutionality of executive and legislative decisions
– Judiciary Act of 1789: set up lower courts and defined s
ce and duty of the judicial department to say what the law is.”
Important Holdings:1. S. Ct. has judicial review of ministerial acts of the executive- ministerial: when the legislature imposes other duties beyond the const.- but cannot review political discretionary acts (veto, pardon, appointment, foreign affairs)2. Congress cannot expand the jurisdiction of the S. Ct., Art. III is the limit3. S. Ct. can review acts of the legislature4. Const. is regulatory
Martin v. Hunter’s Lessee: S. Ct. can review state ct. decisions
Cohens v. VA: S. Ct. can review state ct. decisions; DC lottery tickets
Interpretive Limits on Judicial Review
Types of Review
– textualism
– originalism:
in intent: are clearly stated in the text or intended by the framers
