Constitutional Law and Civil Rights
Although we have the supremacy clause, Marbury v. Madison determined that the Supreme Court had the power to interpret the
Constitution.
The Constitution operates according to 3 principles:
● The concept of federalism
● The doctrine of separation of powers
● The right of judicial review
The Court is limited by standing:
● The Supreme Court can only decide things if you bring a lawsuit, and you can only bring a lawsuit if you have standing.
● Standing is the capacity of a party to bring suit to a court.
● "Injury in Fact" that is concrete, particularized, and legally protected
● Causal connection between injury and conduct brought before the Court
● "Redressability" (likely that Court can favorably resolve the issue)
^have to have all three things to have standing
^Elk Grove Unified School District v. Newdow- father sued the school because his daughter had to say a prayer over the loud speak
at school; court found he didn't have standing because his ex-wife had custody, not him
● Child would have standing
● Custodial parent would have standing
^Hollingsworth v. Perry- same-sex couple sued after a ballot initiative passed outlawing gay marriage in California; Court of Appeals
said the initiative was unconstitutional; California did not challenge the ruling; citizens who started the ballot initiative filed an appeal;
Supreme Court ruled that those citizens did not have a "judicially cognizable interest" and therefore lacked standing to appeal
Separation of powers/checks and balances
Judicial Review
Bill of Rights
Not all of your rights, just some specific ones.
Doctrine of Incorporation derived from the 14th Amendment
1st Amendment- Congress can not make any laws to prevent:
● Freedom of religion
-Lemon v. Kurtzman-Establishment Clause- Pennsylvania passed a law providing direct state support for private, non-sectarian
schools; opponents argued that law amounted to state support of religion and violate the Establishment Clause
-3 Part Test- the law must have a secular legislative purpose
-its principal effect must be one that neither promotes nor inhibits religion
-must not foster 'excessive government entanglement with religion'
Although we have the supremacy clause, Marbury v. Madison determined that the Supreme Court had the power to interpret the
Constitution.
The Constitution operates according to 3 principles:
● The concept of federalism
● The doctrine of separation of powers
● The right of judicial review
The Court is limited by standing:
● The Supreme Court can only decide things if you bring a lawsuit, and you can only bring a lawsuit if you have standing.
● Standing is the capacity of a party to bring suit to a court.
● "Injury in Fact" that is concrete, particularized, and legally protected
● Causal connection between injury and conduct brought before the Court
● "Redressability" (likely that Court can favorably resolve the issue)
^have to have all three things to have standing
^Elk Grove Unified School District v. Newdow- father sued the school because his daughter had to say a prayer over the loud speak
at school; court found he didn't have standing because his ex-wife had custody, not him
● Child would have standing
● Custodial parent would have standing
^Hollingsworth v. Perry- same-sex couple sued after a ballot initiative passed outlawing gay marriage in California; Court of Appeals
said the initiative was unconstitutional; California did not challenge the ruling; citizens who started the ballot initiative filed an appeal;
Supreme Court ruled that those citizens did not have a "judicially cognizable interest" and therefore lacked standing to appeal
Separation of powers/checks and balances
Judicial Review
Bill of Rights
Not all of your rights, just some specific ones.
Doctrine of Incorporation derived from the 14th Amendment
1st Amendment- Congress can not make any laws to prevent:
● Freedom of religion
-Lemon v. Kurtzman-Establishment Clause- Pennsylvania passed a law providing direct state support for private, non-sectarian
schools; opponents argued that law amounted to state support of religion and violate the Establishment Clause
-3 Part Test- the law must have a secular legislative purpose
-its principal effect must be one that neither promotes nor inhibits religion
-must not foster 'excessive government entanglement with religion'
