THE CONSTITUTION - CONSTITUTIONAL LAW By: Jeff Amato...

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Unformatted text preview: CONSTITUTIONAL LAW By: Jeff Amato Professor Gotanda Room LL-03 MW 9-11 990-6015 I. THE CONSTITUTION F. Article I The legislature Specific enumerated powers of Congress Lay and collect taxes Spend for the general welfare Borrow money Provide for national defense Declare war Regulate interstate and foreign commerce Coin money, regulate money supply Establish a uniform system of weights and measures Regulate immigration Regulate bankruptcy Establish a postal service Regulate patents and copyrights Establish federal courts Regulate military reservations and the district of Columbia Necessary and proper clause gives Congress the opportunity to use any means available to execute its enumerated powers G. Article II The Executive Power to veto or sign bills Executing the laws Appointing judges, diplomats and other officers Acting as Commander in Chief Pardoning Diplomacy H. Article III The Judiciary See below I. Article IV Guarantee clause the federal government has the responsibility to guarantee a republican form of government. States are prohibited from electing nobility. Full Faith and Credit States must recognize the laws of other states. Issue, does a marriage between same sex marriages have to be recognized by another state? F. Article V Amending the Constitution The standard route, two thirds of congress, and three-fourths of states legislatures The other route, the legislatures of two thirds of the states call for a convention and the amendments are ratified by three fourths of the states legislatures. F. Article VI The Supremacy Clause Federal law preempts state law. Contradictory state laws are nullified by federal law and treaties. y Federalism The powers of the national government are limited to those enumerated in the Constitution u Supremacy Clause Preemption u Necessary and Proper Clause IS NOT AN INDEPENDENT POWER, only one enabling the selection of the means to achieved a specified power. II. The Role of the Supreme Court in the Constitution Judicial Review O Marbury v. Madison , 5 U.S. (1 Cranch) 137 (1803). (F) Outgoing President John Adams appointed Marbury as a Jusitice of the peace. Jefferson refused to deliver the commissions of the justices appointed by Adams. (P) Marbury petitions a writ of mandamus to the Supreme Court, to deliver the commission. Marshall, J., decides that Marburys appointment is irrevocable because the executive does not have the power to remove him at will, therefore he has a right to the office and it is enforceable. (I) Does the Supreme Court have the power to order the president to deliver the commission? (H) The Judiciary Act of 1789 authorized the power to grant the writ, but the legislation is not permissible. Marshall establishes the precedent of judicial review without compelling Jefferson to do anything. He concluded that there is no authorization...
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THE CONSTITUTION - CONSTITUTIONAL LAW By: Jeff Amato...

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