Constitutional Law I Section D4 Prof. Manheim. Spring, 2006Con Law I - Manheim2 Contact Info Office:...

Constitutional Law I

Section D4Prof. Manheim

Spring, 2006 Con Law I - Manheim 2

Contact InfoOffice: Burns 348Tel: 213-736-1106Email: [email protected]: http://classes.lls.edu/spring2006/conlaw-manheimHours: Weds, 2:30-3:30


Course InfoFinal Exam: 3 hr closed book 50% essay 50% objective (multiple choice)Class Participation Points 1 grade for in-class participation and

class blog discussionAttendance, Recording, etc.


In the beginning …… there was the CrownThen chartered companies w/ gov’t powerThen colonial governmentsThen State governments and the Continental CongressThen the Articles of Confederation and the Unites States of America in Congress AssembledThen the Constitution


Our Constitution2nd of 3 constitutions (+ 50 state const’s)Articles of Confederation (1781-1788) Unanimous consent required Each state with 1 vote No separate executive text

Constitution of the Confederate States (1861) Modeled after the Federal Constitution Significant difference in states' rights

text

http://www.yale.edu/lawweb/avalon/artconf.htm

http://www.yale.edu/lawweb/avalon/csa/csa.htm


Astrological chart on Mar. 1, 1781

at Phil, PA


Sovereignty passed fromKing George III to where?

13 Independent States ?The National Government ?

The People ?

See Treaty of Paris

http://collections.ic.gc.ca/blackloyalists/documents/official/treaty_paris.htm


The Federal Constitution


The United States in 1787


Historical AnecdotesOnly 6 of 56 signers of Declaration were in attendancePatrick Henry refused to attend

“I smelt a rat”


Historical AnecdotesOnly 6 of 56 signers of Declaration were in attendanceBorn of Original SinFederalist vs. Anti-Federalist debateWho was the first President of the United States?


The Ratification DebatesFederalist vs. AntifederalistFederalist Papers: To the People of the State of New York: AFTER an

unequivocal experience of the inefficiency of the subsisting federal government, you are called upon to deliberate on a new Constitution for the United States of America. Hamilton, Federalist #1

Since “security could only be found in a national government more wisely framed, the [people] as with one voice, convened the late convention at Philadelphia, to take that important subject under consideration. Jay, Federalist #2


Reinventing GovernmentWe the Peopleof the United States, in Order to from a more perfect Union …Madison: Federalist 51 The Structure of the

Government Must Furnish the Proper Checks and Balances Between the Different Departments


“you must first enable the government to control the governed; and in the next place oblige it to control itself. A dependence on the people is, no doubt, the primary control on the government; but experience has taught mankind the necessity of auxiliary precautions”

Reinventing Government


What are those auxiliary precautions? Structure:

Divided powers Horizontally (among 3 branches of fed’l gov’t)

Each distinctly constituted Vertically (between fed’l and state gov’t)

Amendment Substance:

Rights Original text: habeas corpus, contracts, slavery Bill of Rights (1791): speech, press, due process

Reinventing Government


A Course in Constitutional Law

The Constitution as Political foundation Establishes and defines the federal gov't

Creates a "Republican” form of Government Divides and limits the power of government

Promotes individual liberty Affirms “Popular Sovereignty”

The Constitution as Law Paramount, enforceable legal norms Break from monarchical gov’t (divine right)

Rule of law vs. rule of men Non sub homine, sed sub deo et lege


Major Themes of Con Law IJudicial Review Power of courts to set aside laws & acts of

political bodies (legislatures, executive)Federalism Distribution of power between states and

federal governmentSeparation of Powers Distribution of power among the 3 co-

equal branches of the federal government


Judicial ReviewPower and role of Supreme Court Source of authority Countermajoritarian difficultyInterpretation Theories of Review Role of politics & ideologyWhen review occurs Justiciability Political Questions


FederalismPower of Federal Government Enumerated powers Limited by state sovereigntyPower of States Limited by grant of power to federal

government & express restriction Limited by existence of sister states Demi-sovereigntyInter-governmental Immunities

Feds

States


Separation of PowersTheory of Divided Government Diffusion of power to protect liberty 3 branches differently composedInterbranch usurpationsInterbranch interference

congress

executive

judicial


Structure of the Constitution

By History & Context Pre-existence of statesBy ArticleI Legislative DepartmentII Executive DepartmentIII Judicial DepartmentIV Inter-State RelationsV AmendmentVI Supremacy


Major Historical PeriodsPre-constitutional Colonial & revolutionary periods (17th C -1781) Formational (Articles; Ratification) (1781-1790)Federalist Era (1790 - 1801) JayAntebellum (1801 - 1860) Marshall TaneyReconstruction (1865 - 1883) ChaseDual Federalism (1883 - 1937) Fuller Taft HughesNew Deal (1937 - 1990) Stone Warren States’ Rights (1990 - ) Rehnquist Roberts


Constitutional ConflictsFederal vs. StateStructure vs. RightsMajoritarianism vs. IndividualismInterpretivism Textualism, Originalism, Dynamic

Meaning, Non-Interpretivism (external sources)


Hot TopicsStates RightsCivil RightsWar & Foreign RelationsPresidential Powers

Supreme Court Website

http://www.supremecourtus.gov/

Constitutional Law I Section D4 Prof. Manheim. Spring, 2006Con Law I - Manheim2 Contact Info Office:...

Documents

Transcript of Constitutional Law I Section D4 Prof. Manheim. Spring, 2006Con Law I - Manheim2 Contact Info Office:...