Constitutional Law I
Hilary 2017
BEERY
I. CLASS OVERVIEW
A. Judicial review: Judicial supremacy: A decision by federal supreme court binds all courts, state and federal. Cooper v. Aarons
B. Constitution creates and limits power of government. Can the government do that? àAnswer is in the constitution.
C. Originalist Judge. Constitution means now, what it meant then. Black and white interpretation. Specific meaning to words. Dilemma is where to start with. Did it start 1789, 1791, or 1868? This view focuses on what the constitution reasonably meant at the time the framers made the constitution. Criticism: doesn’t seem to purport with using general terms to begin with.
1. 1789: Articles of Constitution were adopted
2. 1791: Bill of Rights
3. 1868: Fourteenth Amendment
D. Organic Judge: Evolving standards from origin to present. Evolving/living view of the constitution. Criticism: we want to stick to the originalist view.
E. 13th Amendment to abolish slavery didn’t workà14th amendment created to remedy the problems (Dredd Scott Case)
F. Expresio unius est exclusive alterius: One expression is exclusive to others. “it’s not on the list” Literal meaning is “expression one is exclusive alternative”; the expression of one thing operates to the exclusion of all else. There is a list of powers and the list is exclusive.
G. Every state in the union is required to recognize and enforce judgments from other states. Marriage certificates/licenses do not have to be recognized between states, but divorce Judgments have to be recognized.
H. Generally Speaking, we have 2 forms of government:
1. State level are comprised of state legislatures and the governor. States include counties that are divided into municipalities. This includes state universities and public school districts. These are political subdivisions of the state where they derive all their power from the states.
2. Federal level: The federal government is the national government (Washington DC). Equal protection clause applies to federal government.
I. Weeks 1-5: Judicial review, Weeks 5- 9: Legislative Power, Weeks 9-11: Executive Power, Weeks 11-13: State’s Power
II. The Constitution
A. Article I section 8: powers of congress. à Commerce clause is broadest, and under which congress references in order to push scope of boundaries. “Necessary & Proper” clause in reference to the previous 17 paragraphs of Section 8. Necessary and proper to raise armies, for example.
1. The congress shall have the power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defence and general welfare of the United States; but all Duties, imposts and excises shall be uniform throughout the United States.
2. Rule of interpretation applied to lists and legal documents; Section 8 list of powers, where court applies it; any power not on the list on section 8 cannot be a power that congress exercises.
3. Article I sec. 10. Limits states in order to maintain unified gov.
B. Article II: Executive power vested in a president. Congress makes law, President executes. Slow movement of power from legislative to executive branch. President is also commander in chief, putting military in charge by a civilian. Commander in chief of military, not of making law etc. i.e. Steel Mill and Truman case.
C. Article III: Judicial Power; court’s jurisdiction; power of judicial review and supremacy; Constitution requires that Supreme Court exists. Congress can decide what lower courts to create and how many judges will be there. Congress can create or destroy lower federal judges, but once appointed from Senate then you cannot get rid of them.
D. Article IV: Full faith and credit between states. Issue: State to state recognition of same sex marriages. One state cannot set policy for another state. Example: licenses are mostly recognized between states…all age 16 etc.
E. Article VI: Supremacy Clause. Constitution and federal laws are supreme.
F. Two levels of sovereign govt: Federal and State Union of sovereign states under the control of Federal.
G. Article VII: Amendment X: Powers not delegated to the US by Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. Textual basis for Police Power, Federal doesn’t have, the states do i.e. The general authority to regulate for the health, safety, morals and general welfare of the population resides with the states, not federal
1. Issue: Lawrence v Texas: Texas has anti-sodomy law police arrest 2 men for sodomy. P: D can’t enforce this law. Supreme court asks if govt has right to this law? SC decides Texas does not have grounds to base this on “morals” alone” Lawrence v Texas redefined police powers to just health, safety and general welfare.
2. Morals alone are not enough. Scalia dissented. “moral legislation gone forever” Morals belongs to the people, not the states. Morals standing alone is not a legitimate interest
III. Week 2
A. Federalism: Does state or federal government have the authority. Supremacy Clause issues. A conflict between the federal and state government. Whose authority will win? This is divided into three branches: judicial (interprets law), legislative (makes law), and executive (executes law).
B. Authority of Federal Judiciary Branch
If two laws conflict with each other, the courts must decide on the operation of each. If both law and constitution apply to a particular case, the court must decide which of these conflicting rules governs the case. The constitution is superior and must govern the case.
c) Jurisdiction of the court- grant of power for the courts to hear cases. (civil procedure)
d) Is the constitution law? The constitution itself is the law. The Supremacy clause says the statutes, treatises are law. Congress has the statutes in the federal system. When federal law says the statute is law, it is law. The constitution is superior law. The law interpreter has all the power. Court decides what it means.
e) Marbury went directly to Supreme Court with complaint and application of writ of Mandamus. This court only has appellate jurisdiction. We don’t have original jurisdiction and case is dismissed.
f) Issue 1: Constitutional provision. Issue 2: Article 3- talks about Supreme Court jurisdiction. Marshall says it conflicts with the judiciary act with 1789 (original jurisdiction)
4. District federal court—Authority to hear case in first instanceàoriginal jurisdiction. Congress creates Fed district and circuit courts. Gives them jurisdiction. Congress can influence first two federal courts but not supreme court.
a) Statuteà original jurisdiction
b) Constitutionà Appellate jurisdiction
5. When provision of a statue can be interpreted as non-or constitutional, court must rule with the constitutional. Marshall: If constitution is law of land, that the exec. And legis. Branches have to abide by, then the Supreme Court has the right to say what the law is. Lost the battle to commission Marbury to win the war of the power of Judicial Review.
6. Stay: If there is a federal court judgment against you and you know you are going to lose then you request a STAY. A judge will order show cause order of why you should not be held in contempt if you did not request a stay. Judge decides how long the stay will be and they deny or accept stay. If district court denies stay then it goes on appeal. A stay is to resolve judgment until a higher court can rule on the issue.
