Constitutional Law Outline

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COLOR| MEANING|
BLACK| READING NOTES/LRW II NOTES|
BLUE| CASES & ROL|
ORANGE| LECTURE NOTES (CLASS)|

CHAPTER 1 JUSTICIABILITY DOCTRINE & LIMITS

(A) AUTHORITY FOR JUDICIAL REVIEW
1) MARBURY V MADISON:
i. ROL The Supreme Court of the United States has the authority to review laws and legislative acts to determine whether they comply with the United States Constitution.
Class notes on Marbury: 
(1) Congress was looking at the constitution to augment the US supreme court through legislation (2) Art: 1 Congress Exercise their power to interpret articles 1 and 2   (3) There is a dispute between congress and judicial  (a) Historically disputes of the legal effect and meaning of something is solved by the judicial branch. (4) Article 3 is silent on this issue.

(5) Common law courts as long as can remember, then this is how things were satisfied. How the people want it.  *
2) The holding in Marbury can be interpreted broadly or narrowly: ii. Most broad – SC has power to rule on constitutionality of everyone – State & federal courts, legislature, executive, individuals. iii. Broad – SC has power to rule on constitutionality of acts of other branches of federal gov’t iv. Narrow – SC has power to rule on constitutionality of acts of Congress v. Most Narrow – SC has power to rule on constitutionality of acts of Congress only when it 
pertains to powers of the judiciary vi. –Marbury understood to give a limited power of JR (most narrow). Then Dred Scott 
broadened the scope of JR, interpreting Marbury to give the narrow power (all acts of Congress). But since that case supported slaver, it’s not cited, and Marbury instead is cited. Today, we have the “most broad” interpretation.

3) (Class notes) The Federal Judicial Power
vii. The authority for Judicial Rule: comes from article three of the constitutions viii. It established the judicial branch of the government ix. Article three section one 

Supreme court as highest court set up inferior courts 
x. Article Three section two 
Clause 1: Jurisdiction
(6) Type of cases that are going to be tried  (7) Created diversity jurisdiction -the statement 
Clause 2: Original Jurisdiction and appellate jurisdiction  (8) Supreme court will have original jurisdiction, not original exclusive, and so congress came along and changes that and allowed other courts to hear them.  xi. The supreme court in Marbury v Madison in 1803 establishes the authority for judicial review of both federal and executive cases

See Marbury v Madison case brief 
(9) Notes on the case: Marbury establishes a check on executive actions and draws a distinction between individual rights and those of government duties.  (10) It also establishes the authority for judicial review of legislative acts 

4) Article III of the U.S. Constitution
xii. Establishes the powers and jurisdiction of the judicial branch of the federal government, comprised of the Supreme Court of the United States and the lower courts created by Congress. Article 3 does not apply to state courts.

a. They have appellate jurisdiction.
b. We trust the states to litigate these questions BUT you can’t have 50 different jurisdictions, hence the appellate jurisdiction. c. If you didn’t allow the SCOTUS to review, then the power would be vested in states not at the federal court level.   Limits on the federal judicial power

a) Interpretive Limits: 
i. Originalism 
ii. Non-Originalism 
b) Congressional limits: 
iii. Article three of the constitution provides hat the Supreme Court shall have appellate jurisdiction both as law and fact with such exception and under such...
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