Constitutional Law
Overview of the Constitution
Art. I The power of the Congress
Art. II The Executive
Art. III The judiciary
Art. IV The relation of states to citizens of other states
Art. V Amendments
Art. VI Treaties, debts, oaths
Art. VII The ratification process
Judicial Review
Marbury—established the SC review over the constitutionality of federal laws.
The legitimacy of Judicial Review
Scope of Article III
The Federal Legislative Power
Article I, Sections 8, 9, 10
i. McCulloch v. Maryland
1. Fact: Maryland imposed a tax on the US bank.
2. Maryland’s arguments
a. There’s no bank in the enumerated powers
b. Necessary in the necessary and proper clause means essential
c. The bank is private—80% privately owned
3. Where the federal government get the power to create the bank
a. Taxing power
b. Commerce clause
c. Print money
d. Borrow money on the credit of the US
e. Raise money for an army
f. Power to regulate interstate commerce
4. Arguments against allow Md to tax the bank
a. Supremacy clause
i. But Congress can also pass a statute limiting taxing of the bank
b. Taxation without representation—the bank represents stakes for all the states and one state cannot tax
ii. Exceptions clause—can be interpreted to mean that Congress can remove jurisdiction or add it. They can change it from appellate to original. Marshall disregarded and said you can’t change the jurisdiction
Supremacy Clause
i. State can violate the Supremacy clause
1. By violating a federal statute
2. By violating the constitution
Commerce Clause
To Regulate Commerce with foreign nations, and among the several states, and with the Indian Tribes
Rule: The Commerce Clause provides Congress the power to regulate commerce among the states. This is plenary, complete power that Congress can exercise to the fullest extent of their powers. Commerce should not just be limited to the traffic of items but should be expanded to all intercourse among the states. This definition most certainly includes navigation. The framers understood it as navigation when they wrote the C.
v. The Shreveport Rate Cases
1. Facts: Carriers made rates out of Dallas and other Texas points into eastern Texas which were much lower than those which they extended into Texas from Shreveport.
Rule: Wherever the interstate and intrastate transactions of carriers are so related that the government of the one involves the control of the other, it is Congress, and not the State, that is entitled to prescribe the final and dominant rule.
