Fundamental Principles of American Constitutional Law
Chapter 1: Introduction to Constitutional Law
- A constitution is an expression of a nation’s fundamental political and legal values.
- Constitutional law is built on a core set of values:
- Social Order
- Prevention of Tyranny
- 27 Amendments Since 1789:
- The first 10 are the Bill of Rights (1791).
Political Factions and Ideologies
Federalists: People who support a strong centralized government; a political party that advocates for a strong, centralized government.
Anti-Federalists: People who oppose the establishment of a strong centralized government; a party that opposes the establishment of a strong, centralized government in favor of local control.
Separation of Powers
The government is divided into the Legislative, Executive, and Judicial branches. This structure divides power among the three branches and utilizes a set of checks and balances to prevent any one branch from becoming too powerful or controlling the others.
Selection of Representatives and Amendments
- How to select Representatives?
- There are two ways to amend the Constitution found in Article V. The first method is initiated by Congress; with a 2/3 vote in both houses, Congress may propose an amendment to the states.
- 2/3 of the state legislatures may call for a convention to make proposals.
- State legislatures appoint representatives.
The Senate and House of Representatives are part of Congress.
Judicial Review
Judicial Review: The power of the judiciary, as the final interpreter of the law, to declare an act of a coordinated governmental branch or state unconstitutional. This power is not expressly stated in the Constitution, but the Supreme Court announced the judiciary possesses this power in Marbury v. Madison.
Chapter 2: Dividing Governmental Power
- The belief that government power is divided between the federal government and the states, and then again into three branches.
Key Federalism Concepts
Federalism: Pertaining to a system of government that is federal in nature; the system by which states of the United States relate to one another and to the federal government. It secures to citizens the liberties that derive from the diffusion of sovereign power.
Supremacy Clause: The provision in Article VI of the Constitution stating that “this Constitution and the laws of the United States… shall be the supreme law of the land, and the judges in every state shall be bound thereby.”
Necessary and Proper Clause: Article I of the Constitution grants Congress the power to make all laws “necessary and proper” for carrying out its constitutional responsibilities.
Commerce Clause: Under Article I, Section 8, Clause 3, Congress has the power to regulate foreign and interstate commerce among the states and between the United States and foreign countries. Federal statutes that regulate business and labor are based on this power.
Legal Doctrines of Federalism
Preemption Doctrine: The doctrine that state laws that interfere with federal laws are invalid pursuant to the Supremacy Clause.
Dormant Commerce Clause: The idea that state laws that unduly burden interstate commerce, even if the subject is unregulated by the national government, are invalid under federalism principles because the regulation of interstate and foreign commerce belongs to the federal government.
Intergovernmental Immunity Doctrine: The doctrine that both the states and the national government possess some immunity from the regulation of the other under federalism principles.
Distribution of Authority
- Some powers are held exclusively by the national government, others are held by states, and some are held concurrently.
- Exclusive National Powers: Coining money, foreign diplomacy, making treaties, regulating interstate and foreign commerce, establishing a post office, taxing imports/exports, and establishing bankruptcy law.
- Exclusive State Powers: Providing for the health/welfare of state citizens, general police and fire protection, licensing most professions, providing education, and regulating domestic relations.
- Concurrently Held Powers: Taxing citizens, chartering banks, constructing roads, borrowing money, eminent domain, and punishing crime.
- Powers Denied to Both: Ex Post Facto laws, Bills of Attainder, and other encroachments upon civil rights.
Constitutional Articles and Police Power
Article I: Enumerates the powers of Congress. Includes creation by the President pursuant to treaty or military powers.
Article II: Establishes the national executive and grants to the President of the U.S. the responsibility of conducting foreign diplomacy and negotiating treaties. Includes creation by Congress; judges are not “constitutionally established,” so there is no lifetime guarantee.
Police Power: The power of government to make and enforce the laws and regulations necessary to maintain and enhance the public welfare and to prevent individuals from violating the rights of others.
Article III: Establishes the Supreme Court and such inferior courts as Congress may establish, setting forth the authorities of the judiciary. The Supreme Court was created by the Constitution; district and circuit judges are provided for by the Constitution but established by Congress.
Theories of Federalism
Dual Federalism: The theory that the national government and the state governments are coequal sovereigns. The national government is supreme only when its jurisdiction is explicitly granted by the Constitution.
Hierarchical Federalism: The national government is supreme to the state governments. The powers of the national government are read broadly, and the Tenth Amendment is read as not granting any specific powers to the states.
Intergovernmental Immunity: The doctrine that the states and the national government possess some immunity from the regulation of the other under federalism principles (the federal government enjoys greater immunity than do the states).
Chapter 3: The Judiciary – Role and Jurisdiction
The Courts of Appeals are the intermediate-level appellate courts of the federal system. These courts hear appeals from district courts, specialty courts, and sometimes administrative tribunals.
Controls on Federal Judicial Power
- Formal Controls: Presidential nomination and Senate confirmation of Article III judges, removal through impeachment, congressional control of jurisdiction, and congressional control of the number of justices and lower federal courts.
- Informal Controls: Judicial reliance on the executive branch for the enforcement of orders, public opinion, and interest in preserving the integrity of the judiciary.
Jurisdiction and Legal Procedures
Pendent Jurisdiction: Even though there is no diversity of citizenship, a federal court has the right to exercise jurisdiction over a state matter if it arises out of the same transaction as a matter already before the federal court.
Removal: The process of transferring a case from state court to federal court.
Remand: The return of a case by an appellate court to the trial court for further proceedings, a new trial, or entry of judgment in accordance with an order of the appellate court.
Justiciability Doctrines
These rules limit the authority of federal courts to hear cases:
- Ripeness: If filed before a harm has occurred or before the threat of harm is imminent, there is no genuine dispute and hence no jurisdiction (Article III).
- Mootness: The disputed issues have been resolved or dissipated during litigation (Article III).
- Standing: A party must have a genuine interest in the outcome of the litigation (Article III).
- Causation: A nexus between the injury and the alleged act; one must prove the injury was caused by the government’s conduct.
- Political Question: Non-judicial issues that belong to the non-judicial branches of the federal government to resolve (Article III and Separation of Powers).
- Abstention: Used for unsettled state law issues, when a federal court is faced with an issue left to state courts, or when comity principles demand it (10th Amendment).
- Canons of Construction and Interpretation: Judicially created rules that govern the interpretation of written law, statutes, regulations, and constitutions.
- Certiorari: Discretionary review; the Court decides upon its best judgment which cases it will hear.
State Courts: Possess general jurisdiction.
Sovereign Immunity: The government (the U.S. or any state) is immune from suit unless it consents to be sued.
Methods of Constitutional Interpretation
- Originalism: The Constitution is interpreted and applied in a manner consistent with the framers’ intentions.
- Modernism/Instrumentalism: Constitutionalism is interpreted and applied in contemporary terms.
- Literalism (Historical): Interpreted by focusing on terms, syntax, and linguistic features in use at the time of adoption/ratification.
- Literalism (Contemporary): Interpreted by focusing on terms, syntax, and linguistic features currently in use.
- Textualism: Focuses on the literal meanings of words rather than other factors, such as original intent.
- Plain-Meaning Rule: For a statute whose meaning is unclear, the courts will look at the “plain meaning.”
Chapter 4: Congress
Bicameral: Two-chambered, referring to the customary division of a legislature into two houses: the Senate (led by the majority) and the House of Representatives (led by the Speaker).
Bill: A proposed law. New bills are sent to committees, which review the bill to determine whether to pass or decline it. Most bills die in committee.