Lect2PoliSci412Jan22

Lect2PoliSci412Jan22 - Political Science 411 Constitutional...

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Political Science 411 Constitutional Law Schweber Lecture 2 January 22, 2009 Syllabus 1/22 The First Cases Readings: * Calder v. Bull (1798) * Marbury v. Madison , 46-55 *Eakin v Raub , 56-59 These earliest cases display a way of reasoning about constitution questions that is startlingly different from those we are accustomed to seeing. Historically, what has changed since the generation of the Founders? Have we gained or lost by the shift from the kind of thinking that is displayed in these earliest Supreme Court cases to the more “modern,” legalistic approach that becomes prevalent later? 1) Board Notes and Class Rants a) Calder (Chase) i) Courts: Guardians ii) Law: (1) formal (2) Traditional/Origins b) Marbury i) Courtts: (1) We do law (2) The constitution is law (3) We do Constitution ii) Law: (1) Private (2) Non-Political c) Eakin i) Courts: Principal-Agent ii) Law: question of form d) Class rants i) Won’t be able to quote lecture ii) Not here to train lawyers or get regurgitation iii) Lectures not substitute for reading iv) Understand arguments of constitutional law as arguments over political thought (1) Care little bout facts more about Ideas v) BRING TEXT TO CLASS 2) The First Cases a) Calder i) Like coming into a feud (1) Clearly an argument…but what are they arguing ii) Background (1) Constitutional Provision challenged Expos-facto law (a) Connecticut legislation overturns a ruling by a court iii) Chase’s opinion in Calder
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Political Science 411 Constitutional Law Schweber Lecture 2 January 22, 2009
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Lect2PoliSci412Jan22 - Political Science 411 Constitutional...

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