Constitutional Law Spring 2007
I. Constitutional Overview and Introduction
A. The Constitution of the United States
a. Statement of aspiration with no legal effect.
b. It’s never been used by the Court to decide a case.
2. Article I
a. Legislative Powers (Most level of detail)
1) Section 1. “Herein granted.”
a) It’s presumed that the power has to be granted to the legislature by the states.
2) Section 2.
a) Sets up House of Representatives
b) Clause 3. 3/5 Compromise.
c) Clause 5. House has power of impeachment.
3) Section 3
a) Sets up Senate.
b) State originally chosen by the state legislature, but changed in 17th Amendment
c) 2 senators per state. “Great Compromise”
4) Section 7. President’s veto powers.
5) Section 8. Congress’s powers
i. §8, clause 18. Necessary and Proper Clause. Congress has power to regulate on virtually everything “necessary and proper.”
6) Section 9. 1808 Compromise
7) Section 10. Prohibitions on states
b. Article II
1) Executive Powers but it was not a foregone conclusion that there would be a President.
a) Section 1. Requirements for voting
b) Section 2. Powers. Interpretation problems
c) Section 3. State of the Union
d) Section 4. Removal and impeachment.
c. Article III
a) Section 1. Judicial power in one Supreme Court and may establish inferior courts. Life tenure unless impeachment.
b) Section 2. Judicial powers extend to all cases arising under the Constitution or laws of the US; diversity jurisdiction; original jurisdiction if states are parties; appellate jurisdiction in everything else.
c) Section 3. Impeachment and treason.
d. Article IV
1) Section 1. Full Faith and Credit Between the States
2) Section 2. Antidiscrimination statutes against non-residents
e. Article V
1) Amendment process. 2/3 to propose in Congress or 2/3 convention by the states. Three-fourths of the states must ratify.
f. Article VI
1) Section 2. Supremacy
1. Article III
a. §1. There shall be “one supreme Court and in such inferior Courts as the Congress may from time to time ordain and establish.” The Judges have life time appointment and be paid.
§2. Clause 1 says that the judicial power extends to all cases, in law and equity, arising under this Constitution, the laws of the United States, treaties, admiralty, controversies b/w 2 or more states/ b/c a state and citizens of another state, b/w citizens of different states, b/c citizens of the same state claiming lands under the grants of different states, and b/w a state and foreign states. Clause 2 grants the Supreme Court original jurisdiction in cases affecting ambassadors, other public ministers and consuls and those in which a sate shall be a party. The Supreme Court has appellate jurisdiction both as