Constitutional Law I Jan. 13, 20041Con Law I Section D4 Prof. Manheim

Jan. 13, Contact Info Office: Burns 348 Tel: Web: Hours: Tues/Thurs: 11-12

Jan. 13, Course Info Tues, Thurs, 3:10 – 4:40pm Final Exam: 3 hr closed book 50% essay 50% objective (multiple choice) Class Participation Points up to 3 points for in-class participation and class discussion Attendance, Recording, etc.

Jan. 13, A Course in Constitutional Law The Constitution as Law Major break from monarchical government  Rule of law vs. rule of men Non sub homine, sed sub deo et lege  Declaration of Independence List of "causes which impel [us] to the Separation" Establishes and defines the fed'l gov't Critical in a "Republican Government" Limits the power of government In order to promote individual liberty

Jan. 13, Our Constitution 2nd of 3 constitutions (+ 50 state const’s) Articles of Confederation ( ) 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

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8 Astrological chart on Mar. 1, 1781 at Phil, PA

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10 Sovereignty passed from King George III to where? 13 Independent States ? The National Government ? The People ? See Treaty of Paris

Jan. 13, The Federal Constitution

Jan. 13, Historical Anecdotes Only 6 of 56 signers of Declaration were in attendance Patrick Henry refused to attend “I smelt a rat”

Jan. 13, Historical Anecdotes Only 6 of 56 signers of Declaration were in attendance Born of Original Sin Federalist vs. Anti-Federalist debate Who was the first President of the United States?

Jan. 13, Reinventing Government We the People of the United States, in Order to from a more perfect Union … Federalist 51 Madison The Structure of the Government Must Furnish the Proper Checks and Balances Between the Different Departments

Jan. 13, 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

Jan. 13, Major Themes of Con Law I Judicial Review Power of courts to set aside laws & acts of political bodies (legislatures, executive) Federalism Distribution of power between states and federal government Separation of Powers Distribution of power among the 3 co-equal branches of the federal government

Jan. 13, Judicial Review Power and role of Supreme Court Source of authority Countermajoritarian difficulty Interpretation Theories of Review Role of politics & ideology When review occurs Justiciability Political Questions

Jan. 13, Federalism Power of Federal Government Enumerated powers Limited by state sovereignty Power of States Limited by grant of power to federal government & express restriction Limited by existence of sister states Demi-sovereignty Inter-governmental Immunities Feds States

Jan. 13, Federalism Power of Federal Government Enumerated powers Limited by state sovereignty Power of States Limited by grant of power to federal government & express restriction Limited by existence of sister states Demi-sovereignty Inter-governmental Immunities Feds States

Jan. 13, Separation of Powers Theory of Divided Government Diffusion of power to protect liberty 3 branches differently composed Interbranch usurpations Interbranch interference congressexecutivejudicial

Jan. 13, Separation of Powers Theory of Divided Government Diffusion of power to protect liberty 3 branches differently composed Interbranch usurpations Interbranch interference congress executive judicial

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Jan. 13, Structure of the Constitution By Article ILegislative Department IIExecutive Department IIIJudicial Department IVInter-State Relations VAmendment VISupremacy By Language

Jan. 13, Major Historical Periods Pre-constitutional Colonial & revolutionary periods ( Formational (Articles; Ratification) ( ) Federalist Era ( ) Antebellum ( ) Reconstruction ( ) Dual Federalism ( ) New Deal ( ) States’ Rights ( )

Jan. 13, Constitutional Conflicts Structure vs. Rights Majoritarianism vs. Individualism Federal vs. State Originalism vs. Organic

Jan. 13, Hot Topics States Rights Civil Rights War & Foreign Relations Military Tribunals Presidential Powers Supreme Court Website LA Times story on SCOTUS docket

Jan. 13, Reading for Thursday Scan Constitution Marbury v. Madison