CONSTITUTIONAL LAW OUTLINE
ORIGINS OF THE CONSTITUTION
Brief History:
Articles of Confederation à 1777
· Created a weak national government
o No federal judiciary
o No executive
o Congress had the authority to wage war, coin money, establish post offices, and deal with Indian Tribes BUT
o Congress did have power to tax or regulate commerce among the states.
· Emphasis was on State sovereignty
· Problems:
o States discriminated against goods and services from other States.
o Congress was powerless to intervene.
Constitutional Convention à 1787
· Purpose/Goal à To revise the Articles of Confederation BUT instead the convention proposed an entirely new Constitutional structure.
· Great Compromise à Virgina Plan vs. New Jersey Plan
o Bicameral Legislation
§ Each state represented equally in the Senate
§ Population determines representation in the House
o Supreme Court (Congress creates inferior courts)
§ Article III- Cases and Controversies
· Bill of Rights – James Madison, 1789
o Applies only to the government; private conduct generally does not have to comply with the Constitution
o Only the 13th Amendment directly regulates private behavior
The Constitution’s Functions
Creates National Government and Separation of Powers
ARTICLE I à creates a national government and divides power among three branches
ARTICLE II à places the executive power in the President
ARTICLE III à provides that the judicial power of the United States shall be vested in one Supreme Court and such inferior courts as Congress shall establish.
Divides power between the federal and state government
Federalism- This vertical division of authority. Creates a system of checks and balances
Supremacy Clause- Article VI. The Constitution shall be the supreme law of the land.
· Protects
ll Court à Established its authority to invalidate federal laws as unconstitutional and to review state law for conformity to federal law
Interpreted the powers of congress.
Limited the powers of the State by applying Article I, §10.
Taney Court à Known for worst decision (Dred Scott) which helped precipitate the Civil War
Warren’s Court à The Court’s mission was equal justice (Brown v. Board)
Burger Court à Extended right to privacy (Roe v. Wade)
Rehnquist Court à Restricts reach of federal legislation, discrimination against homosexuals is restricted.
THE COURTS AND JUDICIAL POWER
Invalidation of Federal Laws
ARTICLE III
Creates a federal judicial system
Vests judicial power in the Supreme Court and such inferior courts as Congress establishes
