Constitutional Law Outline

Constitutional Law Outline - Constitutional Law Outline...

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Constitutional Law Outline Spring 1999 Brake Constitutional Structure and Powers of Government 1. Role of the Supreme Court and Judicial Review a. Marbury i. Facts: Jefferson refuses to deliver leftover appointments from Adams administration; judicial candidate Marbury sues. ii. SC uses this case to establish the concept of judicial review. 1. Judiciary Act of 1789 authorized SC to issue writs of mandamus; this gives original jurisdiction to SC where Art II, þ 2 only allows appellate jurisdiction. Marshall declares "It is emphatically the province and duty of the judicial department to say what the law is." voids that portion of Judiciary act. b. Martin i. Facts: British subject MartinÌs land confiscated by VA government; violated treaty; Martin brings suit in VA state court, appeals to and wins at Supreme Court (þ 25 of Judiciary Act); VA supreme court of appeals refuses to accept the ruling of Supreme Court (ruling þ 25 unconstitutional). ii. Supreme Court establishes review authority over state courts in cases involving Constitutional, treaty, federal laws (Art III, þ 2, þþ 1). 1. FramerÌs intent; Constitution left it to Congress to create lower federal courts; therefore, they must have anticipated Supreme Court review of state court decisions appealed to them 2. Supremacy clause directs state judges to honor Constitution over conflicting state laws; framers allowed for Supreme Court review to assure consistency between states c. McCulloch i. Facts: National bank failed to pay MD taxes; MD sued. ii. Did Congress have authority to create national bank? 1. Doctrine of Implied powers; Congress does not have to be explicitly authorized to exert powers; ancillary powers OK as long as they are not in direct conflict with other provisions of the Constitution. Authority to create bank fell within the 2. Necessary & Proper: Art I þ 8. "Necessary" does not mean "absolutely necessary or indispensable"; let the end be legitimate, w/in scope of the Constitution, and all means which are appropriate, plainly adapted to that end, not prohibited, and consistent w/ letter and spirit of Constitution are Constitutional. Means is Constitutional if rationally related to a constitutionally specified object, assuming it does not violate any specific prohibition (bill of rights). 3. Powers of Congress are conferred directly from the people, not from the states. 4. Was MD tax constitutional? a. No; tax interfered with valid constitutional federal power. b. Abusive taxation by state government has power to destroy federal power vested by national citizens, who have no representation in MD; therefore, impermissible infringement on the peopleÌs say in legislation. d. Ex Parte McCardle i. Facts: Newspaper publisher in reconstruction state arrested for libel.
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1. "Exceptions and Regulations" clause, Art III þ 2, gives Congress power to repeal powers previously conferred (i.e. appellate jurisdiction in certain situations). CongressÌ vested Supreme Court with appeal power through Habeas Corpus Act in 1867; upon the approach of
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This note was uploaded on 04/30/2008 for the course LAW 101 taught by Professor Magana during the Spring '08 term at Georgetown.

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Constitutional Law Outline - Constitutional Law Outline...

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