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

Constitutional Law I Outline

Introduction
I. Basic principals of US gov.
A) our gov. is one of limited powers – these powers are limited by the constitution
1) powers not delegated to fed gov are reserved for states unless constitution takes power away from states
B) Three Branches with checks on each other
1) Executive
a) judiciary – appointment
b) legislature – veto, regulatory (non-enforcement)
2) Judiciary
a) judicial review over both
3) Legislature
a) executive – impeachment
b) judiciary – impeachment, approval of appointments
C) Certain individual rights protected in Bill of Rights

Federal Judicial Powers
I. Source of Power – Article III
A) Subject Matter Limits – section 2
-cases arising under Constitution, laws of US, or treaties (federal question
jurisdiction)
-cases affecting ambassadors, reps of foreign gov, etc
-controversies to which US is a party
-controversies between states and states and citizens of another state
-cases between citizens of different states (diversity jurisdiction)
-state and/or citizens v. foreign state and/or citizens
B) Must be Case or Controversy
-cannot issue decisions w/o case before it
II. Judicial Power and Other Branches
A) Judicial Review
1) established in Marbury v. Madison
-Article III is ceiling not floor of judicial power
-Congress cannot add to those enumerated
-Constitution Supreme Law of Land
*Supreme Court will have final word on constitutionality of the acts of other branches
B) Power over Executive established in Marbury
1) No immunity for any office
2) Court will not interfere with acts that are within political discretion of
other branches
III. Supreme Court Review of State Courts
A) Martin
-Supreme court has appellate jurisdiction over state courts
-in this case Virginia appellate court was bound by SC decision
-power comes from Article III “…all other cases SC shall have
appellate jurisdiction…”
IV. Congressional Control over Judiciary
A) Co

o part of Federal Judicial Powers)
I. Sources
A) Article III’s Case or Controversy requirement
B) Principal of Separation of Powers
II. No Advisory Opinions
A) there must be actual controversy between parties and,
B) substantial likelihood that court involvement will effect change
III. Standing
A) Constitutional Requirements per Article III
-Actual Iinjury – (organization has standing if members do)
-Casual link between injury and conduct complained of – fairly traceable
to conduct of defendants
-Redressability
B) Prudential Requirements of Standing
-No third-party standing
-No generalized grievances
-Zone of interest – when saying you have case on statutory issue, you must
be the type person Congress intended to protect w/ statute
IV. Ripeness and Mootness (advisory opinion if not ripe and moot?)