Article 6-Supremacy Clause
-Makes U.S. Constitution the supreme law of the land-all other law has to be consistent with the federal constitution.
-This means any law, act of Congress, state common law, local law, all law must conform to the federal Constitution. This clause deems the Constitution paramount.
-If law is not consistent with the Constitution, it is unenforceable.
Constitution-3 main functions:
1) Establishment of the national government and establishment of the 3 federal branches (Articles 1,2,3)-sharing of governmental powers among the 3 branches.
Framers wanted to protect individual liberty by limiting the powers of the federal government and sharing of power among the branches.
2) Attempted to govern the relationship between the federal government and the state/local governments.
Federalism refers to the fact that the constitution contemplates 2 separate governments in the same geographic area (federal and state)
3) Proposed limitations on governmental powers-giving individual’s rights that are protected by the constitution.
-The constitution needs interpretation because it was intentionally drafted in a broad manner. Why was it drafted broadly?
1) So it would be meaningful to the public, if constitution was written with details, it would not be interesting and meaningful to people;
2) It was drafted this way so the Constitution would be flexible enough to be adaptable to the various problems that might arise from age to age.
Methods for interpreting the Constitution:
1) Textual Method
Look to the language of the constitution-beginning point (must define text)
Justices with this approach believe that they should look at the language of the Constitution. The language is technically a good starting point, but normally it does not answer the problem alone because the text consists of language and the language needs interpretation.
2) What did the framers intend?-Originalists
Need to figure out what the framers intended
BUT there is no clear evidence that framers themselves wanted their intent to govern the constitution
Who really are the framers? Proposers? Debaters? States that ratified?
3) Overall purpose of why something is in the constitution
Overall purpose might help us decide the issue
If we can find the goal it might help us in figuring how the specific issue should be resolved
4) Structural Analysis
Court doesn’t read part of the constitution in isolation, but rather in conjunction with the other parts of the constitution.
5) Fundamental Values
Is it deeply rooted in the history and traditions of the nation?
Controversial method because we don’t know whose values we are talking about
It’s also controversial b/c justices are not interpreting the constitution but using their own judgment and values
6) Pragmatic/Prudential Approach
Looks to the consequences of the courts decision
This method takes into account the result or impact of its decision on society, economy, etc.
To what extent do Supreme Court justices function in a manner different from legislative officials?
Puts the justices in the business of making policy decisions that legislative officials normally make
7) Doctrinal Method
Court can make use of doctrines and principles that have been developed in prior cases
Stare decisis
Major method that the court uses to interpret
In a very high percentage of constitutional cases that come before the U.S. Supreme Court, the U.S. Supreme Court is not starting afresh
I. POWER OF JUDICIAL REVIEW: CONSTITUTIONAL DECISIONMAKING
-Under the Constitution, what types of federal courts are authorized to de
gument)
Highly discretionary for Supreme Court
Rule of 4- Takes 4 justices for cert to be granted (If it denied, too bad!) Only grant cert in about 2% of cases where it’s sought.
-What does the USSCT look for in granting cert.?
-Is the case important to the development of the law? Is there some important legal issue in need of resolution?
-Whether there is a conflict among the Circuits. If so they want to resolve the issue for the circuits to clarify and bring consistency to the law.
-Whether there is some conflict among the state courts or between state courts and federal circuit courts. Beyond that they look for an issue that is important to government operations
Power of Judicial Review: Marbury v. Madison
Power to review federal statutes and declare it unconstitutional
Judicial Review- Power of a court to review the constitutionality of federal legislation
Power of judicial review DOES extend to state legislation
o (Martin v. Hunter’s Lessee and Cohen v. Virginia)
There is no judicial review clause in the constitution, BUT Marbury v. Madison establishes it (looked to the purpose of having a federal judicial branch)- Justice Marshall said it was what the framers intended.
What reasons does the court give for allowing judicial review?
1) Looked to the Supremacy Clause- Constitution would be the fundamental and paramount law of the nation and an act of the legislature that is repugnant to the Constitution is void
