Constitutional Law Table of Contents
Constitution……………………….2
Judicial Review……………………3
Interpret Models……………………4
Separation of Powers……………….5
Justiciability…………………………6
Standing……………………………..7
PQ Doctrine………………………….17
Commerce Power…………………24
Modern(LOPEZ)…………36
Taxing and Spending Power………42
13,14,15 Amendments……………….45
Due Process…………………………..49
Proportionality…………………50
11th Amendment……………………….51
Executive Power………………………58
Non-Delegation Doc…………68
Preemption(Congress)………………..79
Dormant Commerce Clause…………..83
Due Process Incorporation…………..89
Entanglement…………………………95
Due Process…………………………….100
Lochner……………………………….102
Takings Clause………………………..105
1) The Constitution:
i) Article I: The Legislature
(1) Qualifications
(2) Election rules
(3) Substantive powers of Congress
(4) Restrictions on Congress
(5) Restrictions on states
(6) Note à The veto power is a legislative power because it deals with what will become law.
(7) Framers more concerned with legislative branch because their history is with governments where the legislative branch dominates.
ii) Article II: The Executive Branch
(1) How the executive branch is supposed to do things is not listed in the constitution.
(2) Implies the existence of executive departments, but does not say what they’ll be.
iii) Article III: The Judicial Branch
(a) Least talked about of the three branches in the Constitution.
(b) No qualifications for officers of the judicial branch.
(c) No terms for officers of the judicial branch (appointed for life).
(2) Judicial power extends to all cases in law and equity, arising under the constitution (“and nothing else” is implied).
(3) Framers relying on using the accepted practices of the judicial branch already in place in the states. The limitation to cases (#2) is understood because that was the nature of judicial power at the time of its writing.
(4) § 2, line 3: Means treaties made before this constitution still count.
(5) Two classes of federal jurisdiction (Judicial Power):
(a) Federal Question – Is it a federal question regarding laws, Constitution, treaties, etc?
(b) Diversity – A case where parties are of diverse citizenship (different states).
(6) The Supreme Court:
(a) Original Jurisdiction – Officials of foreign entities involved in case; cases where states are suing states.
(b) Appellate Jurisdiction – Everything else (if Congress says so); if Congress doesn’t give it, courts don’t have it.
(7) §
ent Jefferson’s Secretary of State, Madison (∆), refused to deliver a commission granted to Marbury (∏) by former President Adams.
(2) RULE: The Supreme Court has the power, implied from Article VI, § 2 of the Constitution, to review the acts of Congress and if they are found repugnant to the Constitution, to declare them void.
APPLICATION: The government of the United States is a government of laws, not of men. The President, bound by these laws, is given certain political powers by the Constitution which he may use at his discretion. To aid him in his duties, he is authorized to appoint certain officers to carry out his orders. Their acts as officers are his acts and are never subject to examination by the courts. However, where these officers are given by law specific duties on which individual rights depend, any individual injured by breach of such duty may resort to his country’s laws for a remedy. Here, Marbury had a right to the commission, and Madison’s refusal to deliver it violated that right. Secretary of State Madison
