Constitutional Law Outline-1

Constitutional Law Outline-1 - Constitutional Law Outline...

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Constitutional Law Outline I. Introduction: The Constitution of 1787 and 1789 1. The Constitution Article V makes it very hard to change—built on the consensus of the American people Shortcomings of the Articles of Confederation o Art III: Fed only gets what it is expressly delegated o Congressional delegates are paid by the states and subject to recall o Fed has no taxation power; can only request $ from states o Art. XIII: state unanimity required for changes to Articles --> single-state vet Very limited scope, 1787: Cong authorized Philadelphia Convention “for the sole and express purpose of revising the Articles of Confederation and reporting to Congress and the several legislatures . ..”, but was able to reach beyond because of the threat of war: o Need to pay for army o Unanimity paralysis Changes from Articles: o 9 state ratification o slavery compromises: Art. I, §2(3) (3/5), §9(1) (slave trade), Art. V (prot. §9(1)) Functions of the Constitution o Creates national govt o Separates powers o o Limits governmental power, protecting rights of people and other legal actors Form of the Constitution o Art. I: Legislative powers of Congress o Art. II: Executive powers of President o Art. III: Judicial powers o Art. V: Constitutional amendment and restrictions on it o Art. VI 1. para. 2: Constitution & federal laws are “supreme Law of the Land; and the Judges in every state shall be bound thereby; any Thing in the Constitution or Laws of any State to the Contrary notwithstanding” 2. Art. VI, para. 1: oath: all members of state & fed exec, judic and legis pledge to “support this Constitution” Purpose of the Constitution o stability : establishes ground rules o empower the people to establish just self-government o helps constitute US as a nation and us as a people The Bank of the United States: beginning of framework for kinds of constitutional argument that are considered legitimate o Constitutional silence re banking, incorporations o politicians’ strategic silence during Philadelphia Convention debates re whether to propose Cong. power to charter banks o advocated by Treas. Sec. Alexander Hamilton o Constitutional Hooks for the Bank 1. Art. 1, §8(1): the power to lay and collect taxes, and provide for the common defence and general welfare of the US
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2. Art. 1, §8(2): to borrow money on the credit of the US 3. Art. 1, §8(18): to make all laws which shall be “necessary and proper” for executing powers vested by the Const’n in the fed govt o Madison’s View of Cons’t Interpretation 1. Cannot destroy the character of the government 2. Cons’t only gives particular powers (not general w/ particular exceptions) 3. If the Cons’t is unclear/ambiguous, when you interpret it, you can look at the consequences of each interpretation 4. If Cons’t is unclear/ambiguous, you can look to the parties intent at the time with
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This note was uploaded on 10/18/2011 for the course LAW 123 taught by Professor Curtis during the Spring '11 term at USC.

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Constitutional Law Outline-1 - Constitutional Law Outline...

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