Constitutional Law Outline
I. Introduction
A. Relationships
1. Horizontal Relationship: Separation of powers. The horizontal relationship between 3 branches of federal government;
2. Vertical Relationship: Federalism. The vertical relationship between the federal government and States.
B. U.S. Constitution and Federalism
1. Dual Federalism: Preserves state and federal powers. There are matters exclusive to the states and there are matter exclusive to federal government, up until 1937.
2. Federalism Supremacy Model: States are subject to Federal regulatory authority. Preserve federal supremacy.
II. Judicial Function & Powers: Constitutional Interpretation
v The Federal Judiciary has the power, under Article III, to decide enumerate cases and controversies. The scope of this power to:
v Declare the meaning of federal law;
v Decide the constitutionality of federal and state laws and the acts of federal and state officials.
Jurisdiction is original or appellate.
v Congress regulates the Judicial Power
1. Congress need not create lower federal courts;
2. Congress can make exceptions to, and can regulate, Supreme Court’s appellate jurisdiction.
v Two routes of Appeal to the U.S. Supreme Court
1. Case Originates in State Court. State Trial, State COA, State Supreme Court—-then State Supreme to U.S. Supreme—Fed Q., Petition for Writ of Cert.
2. Case Originates in Federal Court. U.S. District Ct., U.S. COA, U.S. Supreme Court.
v Judicial Review Prerequisites
1. Final decision;
2. Issue of Federal Law-Federal Questions
3. Federal Issue must have been preser
preme Courts and Inferior Courts]
Judicial Power of United States is vested in: One Supreme Court, such inferior courts as Congress may from time-to-time establish
2. Section 2 (cl. 1): [Federal Court Subject Matter Jurisdiction]
v Enumerates cases and controversies over which judicial power extends
v Judicial Power extends to all cases in law and equity arising under Constitution, United States laws and treaties
v Judicial Power extends to:
o Where U.S. is a party
o Between two or more states
o Between citizens of different states.
3. Section 2 (cl. 2): [Supreme Court Jurisdiction]
v Outlines original and appellate jurisdiction of Supreme Court
v Original Jurisdiction very limited; Appellate Jurisdiction over everything else.
o Supreme Court has original jurisdiction in cases where a state is a party.
o In all other cases to which federal judicial power extends, Supreme Court has appellate jurisdiction, with such exceptions and regulations as Congress shall make.
§ Congress may restrict Supreme Court’s appellate jurisdiction and it has. Ex Parte McCardle (1869).
§ If Supreme Court lacked appellate jurisdiction, it would be powerless to hear cases on appeal.
Supreme Court appellate jurisdiction over state court decisions involving questions of federal law is necessary to ensure national uniformity. {cant have 50 different interpretations of the Constitution, a federal statute or treaty} Martin v. Lesee.
