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Constitutional Law

Constitutional Law I. Origins of the US Constitution a. Articles of Confederation i. no federal power to tax or regulate commerce ii. no executive or judiciary branch II. Marbury v. Madison ( 1803) a. Facts: i. Marbury (appointed justice of the peace under President Adams Federalist) sought writ of mandamus (court order) compelling President Jefferson s ( republican ) Secretary of State, Madison, to deliver his commission b. Holding: i. Supreme Court does not have power to direct the President to deliver commission c. Rationale: i. SC has power to declare acts of Congress unconstitutional (judicial review) ii. midnight judges bill (Judiciary Act of 1800) 1. 16 new federal circuit court judges (staffed by Federalists) 2. replaced system of SC justices riding circuit 3.

Republican form of govt. avoids problems inherent in representations ii. managing factions ... since current legislature can fill in the content of the principles core debate in constitutional interpretation (living constitutionalism v. textualism) ... (based on values) iv. content of the constitutional commitments

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