I. ARTICLE IV – Supremacy Clause
Constitution is the Supreme law of the United States.
Any law, act of Congress, state common law or local law must conform to the federal Constitution.
If law is not consistent with the Constitution, it is unenforceable.
This clause deems the Constitution paramount.
II. METHODS OF INTERPRETRATION
The Constitution was intentionally drafted in a very broad way
In McCulloch they give 2 reasons why the Constitution was drafted this way
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
a) A textual approach (Textualists) – 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.
Even those who are textualists are confronted with the problem of interpreting the language in the text of the Constitution, while in some rare cases the text might solve the problem, usually it is a beginning pint, not an ending point.
b) Original intent of the framers (Originalists) – it looks at the history and intention of framers at the time of drafting the Constitution.
i. In many issues, there is not going to be an original intent on all issues that arise. There is not even agreement as to who the Framers were. It is not even known that the Framers intended that their original intent would govern or it would be a document that would evolve over time.
c) Purpose of a particular constitutional provision – From the language and historical reference we can tell what the overall purpose of a each clause. We ask why the provision was put into the Federal Constitution. If we can find the goal it might help us in figuring how the specific issue should be resolved.
d) Structural method – Try to solve a constitutional problem not by looking at one part of the Constitution in isolation but by interpreting several clauses in conjunction with each other.
e) Doctrinal approach – A very major method for interpreting the Federal Constitution. USSC looks at the body of law which has been developed over the years from case to case. This raises the question about the role of stare decisis. It is the utilization of previously developed principles and doctrines.
f) Fundamental values – Use fundamental values to interpret the Constitution. Whether the activity is deeply rooted in history and tradition of the nation. In some cases the Court will say you have a constitutionally protected right because it is part of this country’s history and tradition.
i. Others might say history and tradition will lock us into tradition.
g) Prudential method – The Supreme Court uses prudential concerns. This method takes into account the result or impact of its decision on society, economy, etc.
i. This method of prudential concerns becomes tricky. If the Supreme Court becomes overly involved with the consequences of its decisions it runs the risk of operating as a legislative body rather than a judicial body charged with the interpretation of the Constitution.
B. How do cases get to the Supreme Court?
a) Geographical routes.
a. State highest court – Some cases get there after a case goes to the highest state court.
b. Federal appeal process – Some cases start in federal District Court and then go the Circuit Court of Appeals, from there the case would go to the U.S. Supreme Court. This is how most cases get to the U.S. Supreme Court, from the Circuit Court of Appeals.
b) Procedural routes. One is Appeal and the other is Certiorari.
a. Appellate jurisdiction – It is the mandatory jurisdiction of the Supreme Court. This means the U. S. Supreme Court has to render a decision on the merits which might not consist of full briefing and argument. In 1988 Congress eliminated almost all of the appeal jurisdiction.
i. Only TWO TYPES of cases fall with in the appeal jurisdiction,
1. voting rights cases AND
2. reapportionment cases.
All other cases are certiorari.
b. Certiorari jurisdiction – Certiorari jurisdiction is discretionary. There is no mandatory obligation in the Supreme Court to render a decision on the merits. This gives the Court the ability to set its own agenda. So the Court decides what cases to hear. The certiorari jurisdiction encompasses 99% of the cases coming to the Supreme Court.
i. Rule of Four – To get the Court to grant certiorari you have to convince 4 justices to grant certiorari.
ii. Plenary Review – When certiorari is granted there will be a plenary review – time schedule for oral argument and then there is a full decision written on the merits.
a. There is a petition for certiorari files and
b. there is an opposition.
2. If granted the order goes:
a. brief
b. oral argument
c. decision on the merits occur in this order.
(Usually about 3,000-4,000 cases come to the U.S. Supreme Court by petition but of these about 2.5% is granted certiorari. If certiorari denied, there is no precedential value because it is not a decision on the merits; the CT does not give any reason.)
C. What does the USSCT look for in granting ce
to the legislative judgment
A. Stare Decisis – the obligation to follow constitutional decisions of the Supreme Court
a) Stare Decisis in Lower Courts – lower courts (state or federal) must follow the decisional law of the U.S. Supreme Court.
State courts are not bound by the decisions of the U.S. Supreme Court interpreting the federal constitution.
State court can give a state constitutional provision an independent interpretation as long as the state courts give individuals at least the minimum protection they get under the Federal Constitution
State courts may grant more rights under its state constitution.
b) Stare decisis in the USSCT – As a general matter the U.S. Supreme Court will adhere to its own prior decisions.
The USSCT draw a distinction between 2 types of cases that come to the U.S. Supreme Court.
Federal Statute – stare decisis has greater force with respect to the federal statutory decision.
Constitutional Interpretation – Planned Parenthood – How the U.S. Supreme Court goes about deciding whether to adhere to federal constitutional precedent or to overturn it.
1. Workability – Is the constitutional decision shown over the course of time to be unworkable? (Ie. Plessy was overturned b/c b/w that and Brown we learned over time that segregation is not good)
2. Societal Reliance – To what extent was the prior constitutional precedent relied upon by some aspect of society. Individuals may structure their relationships in reliance upon existing constitutional precedent.
3. Integrity – The most important factor is the importance of following constitutional precedent as a way to further the integrity and legitimacy of the U.S. Supreme Court itself. Precedent should not change simply because of the personal preferences of a particular group of justices at a particular time. That means constitutional precedent should only be overruled if there is overriding justification for doing so (can’t overturn because you think “abortion
