POLI 313; Midterm Review

The US Constitution

Ratified in 1719

Articles 1-7

4 Eras of Amendments

Bill of Rights//Foundational: 1-10, 10-12

Reconstruction: 13, 14, 15

Progressive 16-19

Modern/Democratic: 19-Current

1st Amendment

Freedom of Religion, Speech, Press, Assembly, and Petition

2nd Amendment

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

3rd Amendment

No quartering of soldiers

4th Amendment

Protection against Unreasonable Search and Seizure

5th Amendment

"Criminal Rights Amendment"

5 Parts: Indictment, Double Jeopardy, Self Incrimination, Due Process, Takings/Search & Seizure

6th Amendment

Various Parts:

- Speedy and public criminal trials

- Impartial jury of peers

- Must be tried In state & district in which crime is committed

- Opportunity to confront witnesses

- Means to force witnesses to testify

- Assistance of counsel

7th Amendment

Right to a trial by jury in civil cases

8th Amendment

No excessive bail, fines, or cruel and unusual punishment

9th Amendment

Protection of Non-Constitutional rights

10th Amendment

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

14th Amendment

Declares that all persons born in the U.S. are citizens and are guaranteed equal protection of the laws, part of the Reconstruction Amendments

13th Amendment

Abolition of slavery and involuntary servitude

15th Amendment

States cannot deny any person the right to vote because of race.

19th Amendment

Gave women the right to vote

Jurisdiction

The authority of a court to hear a case

Circa Court AKA

District Court

Justiciability Rule of Strict Necessity

- A court should make its decision on the most narrow or strictest ground

- legal ground is preferred over constitutional ground

Relevant Case: Ledbetter v Goodyear

Counter-Majoritarian Problem

Anti-federalist belief that there were too few parameters and too much power for an unelected branch of govt. (SCOTUS)

Judicial Review

The power of the courts to declare laws unconstitutional

VA and KY Resolutions (1798)

It was a response to the Alien and Sedition Acts stating that states have the power to nullify federal laws

What case established judicial review? What Essays defended it?

Marbury v. Madison

The Federalist papers

Judicial Activism

Philosophy proposing that judges should interpret the Constitution to reflect current conditions and values.

Judicial Restraint

A philosophy of judicial interpretation that encourages judges to limit the exercise of their own power

Marbury v Madison

Facts

- Judiciary Act of 1801 was the Federalist Party's packing efforts

- After Jefferson took office, Marbury's commission was never delivered

- Marbury petitioned the Supreme Court to compel the new Secretary of State, James Madison, to deliver the document via Writ of Mandamus

Questions

- Do the plaintiffs have a right to receive their commissions?

- Can they sue for their commissions in court? OR Do the laws give him a remedy?

- Is the law giving him a remedy constitutional?

Holding

Yes, Yes, No, Unanimous

Marbury was entitled to his commission, but the court couldn't grant it.

The Court held that the Judiciary Act of 1789 enabling Marbury to bring his claim to the Supreme Court was itself unconstitutional

Writ of Mandamus

Court order directing an official to perform an official duty

Why was the Judiciary Act of 1789 deemed unconstitutional?

Constitution does not give the Court original jurisdiction in this type of case.

The Judiciary Act of 1789 gave SCOTUS original jurisdiction to hear writs of mandamus does not comply with the Constitution

Relevance of Marbury v. Madison

Established judicial review

Plain Meaning Rule

A court will enforce a contract according to its obvious terms when it is clear and unequivocal.

Based on English Common Law

Legal Realism Movement

not only do judges make law, they should do so for the betterment of society

Interpretevism Judicial Interpretation

AKA Strict Constitutionalist

Judges must follow the values and norms that are clearly stated or implied in the Constitution

Non-Interpretevism

AKA Loose Constitutionalist

Judges can use current social norms and values to make decisions, instead of just looking at the Constitution's text or history

Non-Interpretevist Justices (List 3)

- Sonia Sotomayor

- RBG

- Elena Kagan

- Ketanji Brown Jackson

- Earl Warren

Interpretivist Justices (List 2)

- Clarence Thomas

- Samuel Alito

- Hugo Black

- Neil Gorsuch

Current SCOTUS Justices

- John Roberts (R)

- Clarence Thomas (R)

- Samuel Alito (R)

- Sonia Sotomayor (D)

- Elena Kagan (D)

- Niel Gorsuch (R)

- Brett Kavanaugh (R)

- Amy Coney Barrett (R)

- Ketanji Brown Jackson (D)

Judiciary Act of 1925 Definition

What was the limitation of SCOTUS relating to it?

- AKA Certiorary Act, gave SCOTUS the power to decide its appellate docket - only federal court with that power

- SCOTUS has to wait for cases to come to it. It cannot initiate cases.

Difference between Jurisdiction and Justiciability

Jurisdiction: authority of a court to hear and decide a case Justiciability: Should a court hear this case?