Select Page

Constitutional Law I
Temple University School of Law
Green, Craig

Constitutional Law
Craig Green
Craig.Green@temple.edu
Monday, Thursday 1:30-2:20
Parties:
Facts:
Rule of Law:
Constitutional Issue:
Arguments:
Holding:
Reasoning:
Principle:
Constitution
Article 1: Legislative Branch: Legislative powers are vested in the house and senate. To be in Congress, one be a citizen of 25 or older. Congress directs taxes. There should be a representative for no more than one of every 30,000 people, and every state must have at least one rep. Two senators from each state. A senator must be 30 yrs. old and a citizen. VP is president of the senate. The senate has the power to try impeachments. Congress has the power to collect taxes, impose duties, to borrow money on credit from the treasury, to establish post office and roads. To regulate international, interstate trade, as well as trade with Indian Tribes. To coin money, to declare war.
Article 2: Executive Branch: The President must be a natural born citizen of the US, 35 years of age. President shall be Commander and Chief of the Army and Navy, and shall be removed (as shall the VP) in cases of treason, bribery, and other crimes and misdemeanors.
Article 3: The Judicial Branch: The judicial power of the US shall be vested in the Supreme Court. The Supreme Court shall hear cases of public ministers and ambassadors. The SC shall hear cases not committed in any state.
Article 4: The Full Faith and Credit Clause: Full faith and credit shall be given to each state in the union. A state may demand that another state capture and return a felon from their home state.
Article 5: Creation ofAmendments: The congress may, with approval of 2/3 of both houses change or make an amendment.
Article 6: The laws of the US shall be the supreme law of the land, and states are bound by US laws.
Article 7: Amendments:
· 1st Amendment: Congress shall make no law respecting the establishment of a religion, or prohibiting free speech, free press, or the rights of people to assemble.
· 2nd Amendment: People may form militias and have the right to bear arms
· 3rd Amendment: No soldier shall be quartered in an individual’s house
· 4th Amendment: People have the right against unreasonable searches and seizures. There shall be no warrants without probable cause.
· 5th Amendment: No person shall be held to answer for a capital crime without indictment. No one shall be forced to be a witness against himself. No one shall be deprived of life, liberty or property without due process of law. Private property shall not be taken without just compensation.
· 6th Amendment: Speedy and fair trial by an impartial jury. Shall have assistance of counsel.
· 7th Amendment: In a common law case, if the value at controversy shall exceed $20, the right of trial shall be preserved, and shall be re-examined by the rules of common law.
· 8th Amendment: No excessive bail, excessive fines, or cruel and unusual punishment.
· 9th Amendment: An enumeration in the constitution of certain rights shall not be construed to deny or disparage others retained by the people.
· 10th Amendment: Powers not denied to states and not delegated to the US by the constitution are reserved for the states.
· 11th Amendment (XI): The judicial power of the US does not extend to any suit, where an individual state is sued by a citizen of another state, or citizens of a foreign state.
· 12th Amendment (XII): Votes for president shall be counted by state and its number of representatives. VP takes over in cases of death.
· 13th Amendment (XIII): Neither slavery nor involuntary servitude shall be permitted except as a punishment to a crime. Congress has the power to enforce this legislation.
· 14th Amendment (XIV): States shall not take away life, liberty or property without due process. State reps shall be apportioned due to states populations. All males age 21 and higher have the right to vote. All US public officials must take oath before going into office. Congress has power to enforce legislation.
· 15th Amendment (XV): The right of citizens to vote shall not be denied or abridged due to race. Congress has the power to enforce this legislation.
· 16th Amendment (XVI): Congress has the power to tax all citizens with apportionment to states.
· 17th Amendment (XVII): Each state gets two senators, who serve for 6 years. Governors have the ability to choose senators if elected senator is vacant.
· 18th Amendment (XVIII): Outlaws transporting liquor.
· 19th Amendment (XIX): Right to vote shall not be denied to anyone based on sex.
· 20th Amendment (XX): The term of the President and VP shall end at noon on Jan. 20th. Jan 3rd is the day that a new congress re-convenes.
· 21st Amendment (XXI): Repealing prohibition of alcohol.
· 22nd Amendment (XXII): No president shall be elected more than twice.
· 23rd Amendment (XXIII): DC may vote for president as well as representatives.
· 24th Amendment (XXIV): Failure to pay taxes does not take away one’s right to vote
· 25th Amendment (XXV): VP takes over for pres in cases of death. If there is a vacancy in the VP slot, then president elects someone. Until new president is chosen, presidential power are with acting president.
· 26th Amendment (XXVI): No one over age 18 shall be denied the right to vote on the basis of age.
· 27th Amendment (XXVII): No law varying compensation for senators, congressmen shall take effect unless an election of representatives takes effect.

Origins of the US constitution:
· US revolution was completed in 1783
· In 1781 (2 years before it ended) the articles of confederation were enacted.
· The co

shown to be an exercise of appellate jurisdiction
Principle: If the law and the constitution contradict each other, the constitution takes precedence. The power of the courts extend to all issues of the constitution, but do not make laws and appoint or remove public officials, that is up to congress.
· As soon as a commission is signed and sealed, then the official had a right to his judgeship
· The last question of Marbury, is does the supreme court have jurisdiction.
· The reason for this, is that the Supreme Court wanted to criticize Jefferson for refusing to deliver the commissions.
· Usually, jurisdiction is the first issue decided
· Ultimately, Marbury did not get his commission
· Madison appointed a new chief judge
· The SC cannot issue a mandamus, its out of their jurisdiction
· Marbury established the constitution as supreme, and made the courts the most supreme

Mandamus- command
· Bickel: The framers of the constitution expected that the federal courts would assume a power to pass the constitutionality of actions of the Congress and the President, as well as of the states.
· Hamilton: No legislative act contrary to the constitution can be valid. The constitution does not give the supreme court superiority over congress, just that the constitution is of the realm of the judicial branch.
· Some say that this is unconstitutional, the legislature is elected by the people, the supreme court is not.
Judicial Discretion and the Constitution
· The Supreme Court is a countermajoritarian institution, meaning that it does not require approval by vote by a majority of the country’s people
· Ackerman: The court is not “countermajoritarian” because it relies on the constitution, which was ratified by a majority of states
· Thayer: The discretion of the court can dwarf the will of the majority
· Dworkin: Judicial review can spark debate and encourage debates, therefore it servies democracy. Judges are serving the Framers by making their own political decisions.
· Court in Home Builders v. Blaisdell: The framers of the constitution intended for it to be adopted to the times.
· A problem with adopting the constitution to its “intent” is that intent can be interpreted different ways by different people-Scalia