Constitutional Law Questions and Answers Already Passed

Constitutional Law Questions and Answers Already Passed Modalities of interpretation Textual - words of the con Structural - how the con. fits together (separation of powers) Historical - Original intent of the frmaers. (original meaning and traditions) (interpreted in accordance with history or background) Doctrine/precedent - what the court's have generally decided Ethical/National values/moral - Moral values Prudential/practical/pragmatic- What are the consequences of the ruling? (pragmatic consequences) Three functions of the constitution Sets up limited enumerated powers Article 1: sets out congress and grants them power to legislate and make laws. Article 2: executive branch, President, qualifications: Commander in chief, veto, appointments, treaties etc. Article 3: Judicial branch, creates the SC, defines SC jurisdiction Marbury v. Madison First decision to declare a federal law unconstitutional Established principle of judicial review - ability of courts to engage in review of legislative and executive actions SC has the power to review the constitutionality of the other branches The judiciary can compel the executive what to do if it concerns an administrative duty that the prez. owes Constitution is regulatory and limits congress Constitution is regulatory and imposes meaningful limits on the government Article 3 limits judicial power - court cannot exceed the constraints of article 3 even if congress says it can Judiciary can compel executive action of those things that are ministerial (when there is a duty owed to some person) Holding: marbury loses out b/c scotus said they couldn't rule on the case b/c they only had appellate jurisdiction and the case should have been in the lower court first. However section 13 was unconstitutional b/c he should not have been allowed to file directly in the SC. reasoning: Appointments never got delivered. Marshall makes an ethical argument Marshall's statement in Marbury v. Madison that it is "emphatically the province and duty of the judicial department to say what the law is," is perhaps the most oft-cited passage in the opinion. Martin v. Hunter's Lessee The supreme court has the power to review state court decisions. Article 3 says the judicial power shall be vested into one supreme court and judicial power includes reviewing determinations of federal questions Sct. makes a textual argument (power vested in ONE supreme court) must hear all cases Theorizes that S. Ct can hear cases from state court Supremacy clause Constitution is the supreme law of the land Uniformity of decision Needs to ensure uniformity in the interpretation of federal law For a state decision to go to the SC it must be a federal issue Federal issue Statute, treaty, compact between states, administrative regulation, constitutional issue etc. SC can't review state court decision concerning state law Adequate state grounds If there are adequate and independent state grounds for a decision the SC cannot review it State court could have been totally wrong on the federal issue