THE CONSTITUTION
THE RELATIONSHIP BETWEEN SEPERATION OF POWERS AND INDIVIDUAL RIGHT
The framers decision to focus on the rights and limits of government
They were suspicious of government and did not want government
It could be said that the right to privacy was implicit
CONSTITUTIONAL INTERPRETED
Focus of this class:
We are going to be looking at the words, not intent of the drafters. No one can really know judicial intent, but we do know what they meant by using dictionaries.
With such a short document, each word is very important
You can get a feel for why the Court took the case when they did
The most important component of the preamble is that it was not a self executing document
For a rule of law you have to have a rule of powers with a judiciary free from political and personal persuasion
ROADMAP TO THE CONSTITUTION
Federalism: meaning the federal and state governments co-exist
Limited enumerated powers: the powers of the federal government are limited to those that are enumerated in the Constitution
Separation of powers: one branch may not take actions reserved by the Constitution to one of the other branches
Congress commerce power: the most important power that congress has is to regulate commerce
Dormant Commerce Clause: the mere existence of the federal commerce power restricts the states from unduly burdening interstate commerce
Due Process Clause: two effects
Substantive due process: limits the substantive power of the government to regulate certain areas of human life (child bearing)
Procedural due process: imposes certain procedural requirements on government when it takes an individual’s life, liberty, or property (before taking away welfare, must give you a hearing)
Equal Protection Clause: prevents government from making certain classifications (racial segregation)
Freedom of Expression: protects speech against government interference
Including: political protests, press, association with whomever you wish
Freedom of Religion: two distinctions
Establishment clause: prevents government from establishing an official religion meaning endorse or support
Free exercise clause: prevents outl
the laws and treaties of the constitution of the US would be different in each state.
Cohen v Virginia:
Affirmed the SC authority to take on state criminal appellate cases. State courts cannot be trusted to adequately protect federal rights because “in many states judges are dependant for office and for salary on the will of the legislature.”
Cooper v Aaron:
Federal courts also have the authority to review the constitutionality of state laws and the actions of state officials. The Constitution affirms itself as the “supreme law of the land” and Marbury established the SC is supreme in the exposition of the Constitution.
JUSTICIABLITY
Standing: determines who is the proper litigant
Constitutional standing requirements:
Injury-plaintiff must allege that he has suffered or imminently will suffer an injury
