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Constitutional Law Outline

Constitutional Law Outline - Constitutional Law Outline By...

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Constitutional Law Outline By Jenny Brewer Powers of Government Constitutional Law can be separated into two broad categories: the powers of the government and the liberties of the individuals. The Constitution is a framework of government It carves out powers for the federal government it identifies the proper subject of those powers and puts some limitations on what states can do and then it leaves all other powers reserved to the people and the state Framers wanted an effective and workable government-wanted to protect against oppression and tyranny-division or dilution of power Federalism: the framers wanted national unity and effective national system, at the same time they wanted diversity of state and local governments. Simultaneously have a federal and national government and state and local governments- split the atom of sovereignty What part of the government gets to take what actions? In looking at Q of governmental action, you have to consider first whether the branch taking the action is constitutionally permitted to do so. Start by looking at the power of the federal government 1 st the power of the federal courts- Specifically the power of the Supreme Court The reason we start with the federal courts-Marbury v. Madison- The federal courts and the Supreme Court is charged with interpreting what the Constitution means. Judicial Review Judicial Review: the power of the courts to declare acts of government officials unconstitutional, that is void and invalid according to what the Supreme Court interprets the Constitution to mean. The court is the last word on the matter. Courts judgment will be the law of the land unless the court changes its mind or unless there is an amendment-legislation will have no effect. “We are final because we are infallible, we infallible because we are final” In Const interpretation 1. text-language of const 2. history surrounding the adoption of the text 3. the structure of the C as a whole 4. core purposes or policies 5. judicial precedent No textual grant of judicial review in the Constitution. The evidence of framers intent to have cts exercise jud review is inconclusive- the court itself created this theory
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The court in Marbury said that the C is fundamental law-Superior to all other legislation- It is a written C meant to bind all actors. Who decides whether legislation actually conflicts with what the C requires-Who decides whether the C has been violated? The C is a species or kind of law and it is the province and duty of the court to say what that law is and interpret that law. Marbury v. Madison Writ of mandamus-read the Judiciary Act of 1789 as giving original jurisdiction in his case allowing him to begin his case in the Supreme Court.-Art. III of C describes the cases that the Court can hear under original jurisdiction and this did not include the type of case brought here-Conflict between C and the legislation- Court found that the legislation had to give way to the Constitution
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Constitutional Law Outline - Constitutional Law Outline By...

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