Constitutional Law: Chapter 1

constitution

an expression of a nature’s most fundamental political and legal values

• state you understand rules of civil engagement

the constitution is more

stable bc of indidivual rights

us consti is based on framers political experiences w

brit, enlightenment philosophy, rationality, imperialism, republicanism, limited and retrained govt, due process, individual liberties

social contract/compact

idea that people exchange liberty in favor of security

fundamental law (influenced by brit common law)(what amer colonies had)

focus on structure of govt + relationship among the colonies

continental congress

meet and address issues of national concern (amer colonies)

articles of consideration + perpetual union

first constitutions of the US which replaced consti congress w confederation congress

statues were the most powerful

had sovereignty, freedom, independence (could prohibit the export/import of goods)

president of congress had power

presidents role undefined (confusion between leg and exec)

federalists

wanted strong national govt

antifederalists

opposed strong national govt

74 delegates for

continental congress

federalist papers

political persuasions defense of consti

virginia plan

called for separation of powers: leg, exec, jud and checks and balances

state representation

• great compromise

• house of rep based on population (elected directly)

• the senate was equal (selected by state leg → changes to direct election)

congress granted authority to regulate

interstate commerce + make all laws “necessary and proper” for enforcing its other enumerated powers

• decrease power of the states

• growth of national govt

electoral college system

each state has a number of electors equal to the total number of national congress members it posses (house of reps decided if vote tied)

president

commander in chief of the military, negotiate and make treaties, nominate the cabinet members, members of the national judiciary and other govt officials w advice + consent of senate

the president could

veto leg, could get overruled by congress (2/3 vote)

power of judiciary

declare the acts of its coordinate branches or the states constitutional

the constitution is

supreme law of the land

habeas corpus (you have the body)

court requires govt to bring a detained person before a judge and prove that their imprisonment is unlawful

bills of attainder

inflicts capital punishment upon names persons without a judicial trial

ex post facto laws

laws making a person criminally liable for an act that has not criminal at the time it was committed

how to amend the constitution

1. initiated by congress (2/3 vote in both houses → they can propose an amendment to the states

2. leg (2/3 of states leg may call for a convention to make proposal)

3. proposal then ratifies by leg ¾ of states or conventions ¾ of states (congress says which method)

bill of rights

includes protections of individual rights, liberties, and a provision intended to preserve the integrity of state sovereignty

13th am

abolished slavery

14th am

birthright citizenship and equal protection

15th am

voting discrimination and due process

13-15th am

reconstruction amendments

ratification of the 27 amendments

provides that changed in the compensation of members of congress shall not be implemented until there has been an intervening election of the HoRs

some amendments enacted to repel another/reverse

Supreme Court interpretations of the Consti

judiciary operates alongside the prez and congress both of which also

interpret and apply the constitution while influencing how the courts interact w it

admin agencies (administration of gov)

interpret the law often before any court has had an opportunity to address objections to the law

leg frequently reject/block

bills in committee if they believe the leg is unconstitutional potentially motivations sometimes drives law makes to support a bill even when they know it violates the consti

congress possesses considerable authority

over the jurisdiction of fed courts

bc courts has no method of enforcing its order

relies on exec branches

supreme c justices and judges of fed districts and appellate court are selected by the political branches of govt

president nominates and the senate must confirm

supreme court justices how long

• death, retirement, impeachment (congress can for high crimes and misdemeanors)

• more likely to resolve policy and value - laden question w a national binding consequence

more likely to resolve policy and value - laden question w a national binding consequence

senators investigate the values and philosophy of the supreme court justice nominee than lower courts

judicial review: def

the authority of the judiciary to review the acts of its coequal branches (and possibly its co-soverign) for constitutionality. an unconstitutional act is declared void

judicial review: structure

diffused. with the exception of a few local courts, all courts in the US, both fed and state, possess the power of judicial review

judicial review source (federally):

not expressly provided for in the constitution, implicit in the general grant judicial power in art III

judicial review impact:

less than 1% of all fed statues are invalidated by the supreme court

judicial review diffused thru all states and fed courts (except

in limited jurisdiction courts)

marbury v madison

power of the courts to declare laws unconstitutional

• court found that part of the law giving it original jurisdiction conflicted w constitution

3 scrutinizes

1. rational

2. intermediate

3. strict

representative govt, sep of powers, judiciary to protect individuals from

govt abuse

dictum

formal, authoritative statement, pronouncement or expression of a general truth

general truth

a concise statement that people accept as

nixon v us

no prez is above the law

dept of review/coordinate review

all 3 branches have authority to be in final interpreter of the consti

• conflicts in interpretation among branches resolves thru → established political processes (elections, impeachment, amendments of consti)

martin v hunter’s lesse (land mara)

established the fed high court’s authority to review and reverse state courts decision involving fed law

state courts have judicial review over

states and fed laws

supremacy clause

state courts must apply valid fed law even when it conflicts w state law → also invalidates state laws that violate the US Consti

states generally cannot prevent their courts from hearing

federally recognized claims

state court decision on fed constitutional issues generally have

precedential effect only within the courts jurisdiction (although the US Sup C can ultimately review those decisions)

judicial review limited by stare decisis

lower courts must follow consti interpretations established by higher courts

lower courts can distinguish a prior case if

the facts are sufficiently diff that the precedent doesnt apply → rare: may interpret law diff from precedent

procedural and substantive rules make it more likely that nationally sig consti issues will ultimately

be resolves by fed courts / sup c

marshall courts

expanding fed authority

taney court

states rights + Rehnquist court → protecting states rights

reconstruction era

fed authority expands

pre new deal era

protecting commercial interests

new deal era

expanding fed authority

warren court

expanding individual rights

amendments clumped together

• bill of rights (1-10)

• reconstruction am (11-15)

• progressive era changes (16-20)

• informal amendments: art 5

shays rebellion lead to

drafting new constitution

virginia plan

• powerful nat govt + sep of powers + leg exec jud

• 2 houses leg (based on pop and economic contribution to gov)

jersey plan

• keeping articles of confederation

  • 1 equal vote regardless of pop

  • went state sovereignty

Connecticut compromise

• virginia and jersey compromise combined → blends plans to balance

• 3/5 compromise

• 9/13 (70%) ratification

• article 5: you need substantial super majorities (2/3 vote in each house of congress) to propose an amendment + ratified by ¾ of states (75%)

• bill of rights

article 5

you need substantial super majorities (2/3 vote in each house of congress) to propose an amendment + ratified by ¾ of states (75%)

16th amend

fed income tax → find admin agencies

17th amend

2 senators from each state

19th amend

womens suffrage