Constitutional Law
Introduction
· People tend to think of constitutionality from two different viewpoints
(1) Focusing on the Powers of Government
(2) Focusing on the Rights of the People
· The Constitution (analytical starting points)
(1) Defines the structure of the United States federal government
(2) Defines/limits the powers of a new federal government
(3) Divides powers between the State and federal governments
(4) Divides powers among the three branches of the United States federal government
(5) Protects certain rights of individuals
o Primarily in the Amendments
o Note that Articles (1)-(4) do a good job of protecting individual rights as well
· The purpose of the Bill of Rights was to re-enforce pre-existing rights
District of Columbia v. Heller and Constitutional Interpretation:
· Amendment II
o A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
· Fla. Stat. § 250.02
o The Florida militia consists of all able bodied citizens of the state (includes females)
o Divided into two categories
(1) The organized militia
Ø The National Guard
(2) The unorganized militia
Ø All persons subject to military duty, but not members of the National Guard
· Fla. Stat. § 250.06
o The Governor of the State of Florida is the commander and chief of the Florida militia
Ø (4) The Governor may, in order to preserve the public peace, execute the laws of the state, enhance domestic security, respond to terrorist threats or attacks, respond to an emergency as defined in s. 252.34(3) or imminent danger thereof, or respond to any need for emergency aid to civil authorities as specified in s. 250.28, order into state active duty all or any part of the militia which he or she deems proper.
· 10 USC § 311
o The United States militia consist of all able bodied males 17-45 years old
o Divided into the same classes as the Florida militia
District of Colombia v. Heller
Supreme Court of the United States, 2008
A man tried to register a handgun in D.C., but was not allowed because of a D.C. law that prohibited both handguns and operative firearms in the home.
This particular law violates the 2nd Amendment.
· 2 issues
(1) Handgun issue
(2) Operative issue
· Congress has authority over D.C. under the seat of government clause
o Article I, section 8, clause 17
Ø To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards and other needful Buildings
– This is a 2nd Amendment issue because it happened in D.C.
o Congress has delegated this authority to local officials (who made the law)
· Methods used by the Court and dissent to interpret the Constitution. (not an exhaustive list)
(1) Text
o Looks at words of the Constitution and tries to determine their meaning
o Majority divided the second amendment into two clauses
(1) Prefatory clause: “A well regulated
at cause us to re-evaluate the meaning of the Constitution.”
(4) Precedent/Common Law Development
United States v. Miller
Supreme Court of the United States, 1939
For a weapon to be protected under the 2nd Amendment, it must have some reasonable relationship to the preservation or efficiency of a well regulated militia.
o Seemed to support Stevens dissent
(5) Pragmatism
o “Times change in ways that could not be understood by the drafter.”
(6) Moral and Ethical Values
· The Breyer dissent was entirely contemporary
o Stated that we should take into account other constitutional purposes
Ø The right of the legislature to govern
Ø Rational basis standard
– Requires court to uphold a regulation as long as it bears a “rational relationship” to a “legitimate government purpose”
– The law addressed concerns (gun crime) that were a problem for D.C., and is not unconstitutional
Article I, Section 8, Clause 16
To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress
· Gives states the rights to train their militias, and appoint officers in their militias
