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Constitutional Law I
University of Toledo School of Law
Zietlow, Rebecca E.

Constitutional Law I Outline


I.                    Theory behind the Constitution
a.       Civic Republican – preferred small, centralized govt. NO KING.
b.      Federalists –
i.      Madison- best form of Govt a representative Govt
1.      Avoids Chaos
ii.      Federalist 10 –
1.      Factions – number of citizens will unite and actuate by some common impulse of passion
a.       Respsentive government necessary
2.      Theory of Large Republic (p18)
a.       “Extend the sphere, and you take in a greater variety of parties and interests: you make it less probably that a majority of the whole will have a common motive to invade the rights of other citizens.”
b.      Madison believed that a stronger, larger government was needed to protect the right of the majority of the citizens of the state. 
c.       Constitution is Document for the people
II.                 Structure of the Government – 2 Defining Themes
a.       Separation of Powers (Executive, Judicial, Legislative)
i.      Federalist 51 – “it is evident that each department should have a will of its own”
b.      Federalism – All states must answer to Federal Government
i.      Vertical Distribution of Power
ii.      “in a compound Republic the power surrended by the people is first divided btw two distinct governments…”
a.       Rule #1 – Federal Government
1.      Limited Powers
2.      Assume NO power unless the Constitution gives it power
a.       When it does have power the Supremacy clause wins out. 
b.   Rule #2 – State Government
1.      Generally police Power
a.       State courts have general jurisdiction
b.      External limitation – Talked about later in the semester 
2.      Assume they HAVE power unless the Constitution takes it away
a.       10th Ammendment – states retain power they do not give to the government


I.               Source of Power– Art. III  
i.      §1 – the judicial power shall be vested in one Supreme Court (must occur)
1.      Congress May establish lower fed. Cts (not required)
ii.      § 2 – [1]- THE Judicial Power shall extent to all cases in law and equity arising under This Constitution; [2] In all cases affecting Ambassadors, other public Ministers and Consuls, and those in which States shall be party, The Supreme Court shall have original Jurisdiction
1.      all other cases the Supreme Court shall have Appellate Jurisdi

Redressibility: The Ct. must be able to make a decision that will can cure Plaintiff’s injury.
2.      Prudential Requirements:
a.       No 3rd party standing
i.      An uninvolved party cannot bring a claim on someone’s behalf
1.      2 Exceptions:
a.      Difficulty for Injured Party
i.      Close relationship AND
ii.      Obstacle holding the injured party back(ie welfare)
b.      Organization may bring suit on behalf of its injured members.
b.      No generalized grievances
i.      Must be a specific gripe