Constitutional Law Overview and Key Concepts

Constitution

The American Constitution was built from the ideas of the Enlightenment period.

Social Compact Theory

Give up some of their liberty to reap the benefits of the government.

Thomas Hobbs

Life is brutish and short ~ Life, Liberty, Property.

John Locke

Government is an umpire.

Montesquieu

Branches of the government.

Articles of Confederation

Weak form of Government.

State Sovereignty

The goal was to AMEND the Articles of Confederation.

Weaknesses of Articles of Confederation

13 sovereign enemies, no national judiciary, had a Confederate congress.

Shays Rebellion

Revolutionary rebellion due to unfair treatment of farmers.

Philadelphia Convention

Kept in secret due to lack of mandates from the people.

Federalist

Supported a strong central government.

Anti-Federalist

Scared of a strong central government; favored local control.

Madison's Virginia Plan

A strong central government.

House of Representatives

Based on population.

3/5 Compromise

A slave was counted as 3/5 of 'all other persons.'

Senate

Initially 1 Senator per state, later 2.

Necessary and Proper Clause

Expand federal authority.

Judicial Review

If the judiciary says the law is unconstitutional, it is under judicial review.

Supreme Law of the Land

Job to interpret the law.

Checks and Balances

Overall conversation brought three branches of government.

Bicameral Powers

The structure frames the outcome of the constitution.

Judiciary Power

The judiciary has the power to strike down Congress and the executive for being unconstitutional.

Judiciary State Power

The judiciary has the power to strike down the states for being unconstitutional.

Bill of Rights

The first 10 amendments were added for the protection of the individuals (citizens of the US) from the national government and the state government after the 14th Amendment.

Drafters of Constitutions

James Madison, Govern Morris, Rufus King, Alexander Hamilton.

Ratification Debate

Ratification was highly debated in the state governments; Federalist papers were born.

Mark Up

A detailed revision on a bill by a legislative committee.

Bi-cameral

Both Houses of Congress.

Joint Resolution

An act that requires approval by both houses of Congress and is presented to the President.

Stature

An act.

Conviction

Process of arranging laws, the process of creating a law.

Code

Published the statute of the system.

Pocket Veto

If the bill isn't signed in 10 days, used when the president doesn't want to veto it but doesn't like it.

House of Representatives Requirements

25 years old, 7 years lived in the U.S., 2-year term.

Congressional Representative

Serves within districts of the states.

Majority Party Leader

Elected by the house.

Senate Requirements

35 years of age, 9 years lived in the U.S., Habit of the state you're serving for, Every other year.

17th Amendment

Ratification changed it so the senators are elected by the popular vote.

Senate Term Limits

No term limits on the Senate.

Vice President Role

Vote in case of tie and can arrest a member of Congress in case of treason or felony.

Speech and Debate Clause

Immune from being punished for saying things said on the floor, extended to the aid of the senator, only applies when you are in session.

Enumerated Power

Powers explicitly granted to Congress by the Constitution.

Commerce Clause

Congress has the right to regulate commerce within the federal and Native Americans and states within their area.

Section 9

Ports, interstate commerce is commerce that involves more than just one state.

Federal Minimum Wage Case

Was upheld during the Great Depression.

Pretext Principle

A law is enacted under Congress' enumerated powers with the sole purpose of regulating a subject that actually belongs to the states.

Blank Doctrine

Congress can regulate the activities that affect interstate commerce.

Wickard v. Filburn

Limit the amount a farmer can produce; unlawful Congressional intrusion that does not affect interstate commerce.

U.S. v. Lopez

This matter has no Commerce interest.

United States v. Morrison

A female sexual assault case where the jury decided not to convict the two football players.

42 USC

Violence Against Women Act; gave the victim a civil federal action; the act was declared unconstitutional.

Congress Authority

Does Congress have the authority of the Act under the Commerce Clause or the 14th Amendment?

Federal income tax

Was declared unconstitutional, then comes back today.

Congress's ability to spend money

No limit in times of a declared emergency (Covid).

Public Debate Clause

The United States can incur debate, no questions asked, and paid by the United States; Congress can set a ceiling (raised and lowered).

International War

Only declared by Congress NOT the president.

Conscription

Mandatory enlistment for military service.

Seize industries and private properties

Government takeover of private sectors during emergencies.

Ration food and other supplies

Controlled distribution of resources during shortages.

Internment based upon national origin

Detaining individuals based on their nationality.

Appropriations

Funds allocated by Congress for specific purposes.

Federalize the National Guard

The Congress of the United States can take control of the National Guard.

Suspend the hiatus corpus

Congress can suspend the right to challenge unlawful detention.

Protect public safety

Ensure the safety and welfare of the public.

Good Cause for firing federal officers

Requires valid reasons such as malpractice.

Not Good Cause

Disagreement over policy and politics is not sufficient.

Removal of a postmaster

President may remove a postmaster with the advice and consent of the Senate.

Taft's view on removal power

Silence on the removal power was intentional; if you have the power to appoint, you have to have the power to remove.

Dismissing Opinion by Oliver Wendell Holmes

Congress has the power to abolish the postmaster completely.

Humphreys Exec. v. United States

Supreme Court says the Constitution never gave unlimited removal power to the president.

Morrison v. Olson

Ruled constitutional the independent council law.

Pardon

An act of grace of the chief of exec; a pardon erases the conviction.

Commutation

A partial pardon; reduces the sentence.

Amnesty

The act of the government for related past crime for a class of persons for crimes that have not yet been convicted.

Reprieve

Delay in the carrying out of a conviction.

Limitations of presidential pardons

President is limited to federal crimes, not state crimes.

Orders

Promulgates rules and regulations as it relates to

Acts only the president can do personally

Sign veto, nominating officials, can sign pardons

Marshall Law

Civilian government is replaced by the military government

Citizens' rights under Marshall Law

Are limited

Habeas Corpus

Latin for 'You have the body'

Writ of Habeas Corpus

Remove the person from prison and bring them to court to see if they were wrongly accused

Suspension of Writ of Habeas Corpus

ONLY CONGRESS CAN SUSPEND A WRIT OF HABEAS CORPUS

Ex parte military

Forbids the use of federal military to replace domestic law enforcement unless Congress agrees

Coram Otsu

Relocate people of Japanese ancestry from the west coast

Nedo

Decision to intern a U.S. citizen of a Japanese citizen with no proof of loyalty

Treaties and agreements

Executory agreements

Patriot Act

Legislation concerning national security and surveillance

Treaties

Require 2/3 of the senators present at the time of the vote

Supremacy Clause

Conflicts under treaties and the Constitution, the Constitution prevails

Executory vs Self-Executing

Executory: not yet fully performed or carried out; Self-Executing: going into effect without further action

Executive Agreement

An agreement made under the presidential power in foreign relations

War Powers

Regulations as it relates to the armed forces

AUMF

Use all appropriate and necessary force against nations, forces, and persons in use of terrorist

Enemy Combatant

No terms of rights; treated as unlawful enemy combatants

Writ of Habeas Corpus for American citizens

As an American citizen, they have the right to contest their sentence through a writ of habeas corpus

Executive Privilege

Qualified privilege invoked by the president for confidentiality in communications

Qualified Immunity

Protection for officials performing their duties unless they violate clearly established law

A Bill

A proposed law presented for debate and approval.

A Mark Up

The process of reviewing and amending a bill in committee.