Master Outline
Sunday, April 21, 2013
9:00 PM
1. Who is exercising a power?
2. What power is the actor using?
3. Does violate any Cttnal prohibition or limit?
THE CONSTITUTION
Articles
I. Most Important – Three Branches Of Federal Government
A. Article I – Legislative Branch
i. Section 7
1. how Congress enacts laws
2. “Presentment Clause” – President’s veto power
ii. Section 8 – the most important Congressional powers
1. “Necessary & Proper Clause” (Section 8, paragraph 18) – Power to make laws to implement the powers given to federal government elsewhere in the Constitution
2. Tax (& Spend) Power (Section 8, paragraph 1) – see 16th Amendment, 1913, income tax power
3. Commerce Power (Section 8, paragraph 3) – An extremely important power that has grown in reach as the U.S. economy has expanded
4. Create lower federal courts (Section 8, paragraph 9)
a. Note: Constitution provides only for Supreme Court, not lower federal courts
b. This power is assumed to include the option of not creating any lower federal courts
5. Defense provisions (Section 8, paragraphs 11-16)
a. envisions defense primarily by militias
b. does not envision today’s standing army
B. Article II – Executive Branch
i. President, “Officers,” and “Departments”
Today this includes the many government agencies and departments and their employees, etc.
§ 1, clause 1, first sentence – vesting of executive power in President
section 2, Presidential powers – “Presentment Clause,” Article I, section 7, paragraph 2, sentence 1, Presidential veto power
ii. Note: section 1, clauses 2 & 3, original manner of electing President
The initial method specified was a great mistake
a. person with most electoral votes became President and second most became Vice President
Corrected by 12th Amendment which specified separate ballots for President and Vice President, facilitating President and Vice President candidates to be elected as a slate
C. Article III – Judicial Branch
i. Supreme Court – only court Constitutionally-required
ii. Creation of Supreme Court (section 1, paragraph 1, first sentence) – , lower courts left to Congress, see Article I, section 8, paragraph 9
iii. section 2, paragraph 1
power of federal courts
primarily all “federal questions,” i.e. claims concerning federal law, constitution, treaties, etc.
also includes some cases based on type of parties involved
The 11th Amendment changes this section, excluding from the federal judicial power suits against a State by citizens of another state or foreign country
a. such suits must be heard in state court.
iv. section 2, paragraph 2
jurisdiction of the Supreme Court
· the “original” jurisdiction of the Supreme Court: cases that can come to the Court first, i.e. before being heard by any other court
· cases over which the Supreme Court has appellate jurisdiction – after the case of Marbury v. Madison, cases which must be heard by a lower court first.
“Exceptions Clause” – Last clause of last sentence of second paragraph – indicates that Congress has a role in determining jurisdiction and court procedure
D. Other Important Parts of Articles
i. Supremacy Clause (Article VI, paragraph 2) – Federal law and Constitution trump state laws and constitutions
ii. Privileges and Immunities of National Citizenship (Article IV, section 2, paragraph 1) – see 14th Amendment, privileges and immunities of state citizenship (Yes, there are two privileges and immunities clauses.)
iii. Full Faith & Credit (Article IV, section 1) – allows judgment from state court to be enforced in another state
iv. Federal Property Clause (Article IV, section 3, clause 2) – Congress has power to make laws concerning property of United States
basis of authority to regulate National Parks, Forests, etc. as well as other federal property
Bill of Rights
1. First Ten Amendments
2. Initially, only limited
A. 15th Amendment, blacks can vote, 1870
B. 19th Amendment, voting for women, 1920;
C. 24th Amendment, poll taxes barred (taxes used to prevent poor blacks from voting), 1964
D. 26th Amendment, citizens 18 and over can vote, 1971Nineteenth
3. Provisions Limiting State Sovereignty
A. Article III, section 10
B. Article VI
· Clause 2 – supremacy clause
· Clause 3 – state officials must swear to uphold U.S. Constitution
C. Article IV, sections 1 and 2
D. The many powers delegated to the federal government also limit state sovereignty because the Supremacy Clause makes federal actions in those area trump any state laws or actions.
E. 13th, 14th, and 15th – all limit state powers as to slavery, equal treatment of citizens, and voting
F. 26th Amendment – requires states to allow those 18 and over to vote.
Separation of Powers/Checks & Balances
1. The U.S. Constitution followed the suggestion of many contemporary political philosophers and split the federal government’s power into three distinct branches
A. Each of these branches has powers that it alone can exercise
B. Lest any branch abuse its power, the Constitution also gives each branch some power over the other branches
i. Examples
1. Congress must confirm the Executive’s important appointments
2. The Executive must execute laws made by Congress.
3. The Executive can veto bills passed by Congress.
2. The Supreme Court invokes the “separation of powers doctrine” to declare that statutes that give part of the power that properly belongs to one branch to another branch are unconstitutional.
3. The Separation of Powers doctrine is based on the structure of the Constitution rather than on any specific statement in the text itself.
