Legal Outline - Constitutional Law

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Constitutional Law Outline – Abrams – Fall 2004

I. History and Text – The Power of Judicial Review
A. Constitution – is a general charter and a limitation on Federal Power, 13-15th are limits on state power as well. B. 3 Parts to this Course: Judicial Review, Individual Rights, and Structure of Government C. Constitutional Framework/Outline:

1. Article I – Congress [10 Sections within this Article] a. Section 8 – [1]“The Congress shall have power to lay and collect taxes, duties, imposts, and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States.” b. [3] “To regulate commerce with foreign nations, and among the several States, and with the Indian Tribes” – INTERSTATE COMMERCE CLAUSE 2. Article II – Executive [4 Sections] – Question – is power inherent or limited by provisions of this Article? Doesn’t say “herein granted” like Article I does. 3. Article III – Judiciary [3 Sections]

a. Section 2 discusses federal question jurisdiction – “arising under”. b. Also discusses Justiciability – “Cases and Controversies” is what limited to. 4. Article IV – Full Faith and Credit

a. Section 2 – “the Citizens of each State shall be entitled to all privileges and immunities of Citizens in the several states. b. This is known as PRIVILEGES and IMMUNITIES CLAUSE. 5. Article V – Constitutional Amendments from Congress – 2/3rds of both houses to be proposed and 3/4ths of States to ratify. 6. Article VI Section 2 – SUPREMACY CLAUSE – Constitution and federal laws are supreme law of the land 7. Amendments to the Constitution

a. 1st - Freedom of Speech & Press and Religion: FREE EXERCISE and ESTABLISHMENT CLAUSES included b. 2nd – Right to Bear Arms
c. 3rd – Quartering of Soldiers
d. 4th – Search and Seizures
e. 5th – Due Process: “nor be deprived life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation – applies to the federal government f. 6th – Speedy and Public Trials

g. 7th – Jury Trials
h. 8th – Cruel and Unusual Punishment
i. 9th – ENUMERATED – “The enumeration in the Constitution , of certain rights, shall not be construed to deny or disparage others retained by the people. j. 10th – STATES RIGHTS – “The powers not delegated to the US by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. k. 11th – Can’t sue a state or the United States in Federal Court l. 12th – Elections of Prez and VP

m. 13th – No Slavery – 1st of 3 Civil War Amendments; Enforcement clause included n. 14th – Due Process – applies to the States – “No state shall make or enforce an y law which shall abridge the privileges and immunities of citizens of the US; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws (EP Clause). Enforcement clause included o. 15th – Voting for Blacks/minorities – 3rd of 3 Civil War Amendments. Enforcement clause included. p. 16th – Taxes

q. 17th – Senate elections
r. 18th – Prohibition
s. 19th - Voting for Women
t. 20th – Terms and Dates for Officials – instead of March, its Jan like for change of office – wasn’t in Marbury v. Madison – Adams in office till March. u. 21st – 18th is repealed

v. 22nd – Prez can’t be...
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