Constitutional Law Outline
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
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