ConstitutionalLawOutline.docVIP

Constitutional Law Outline Richards, Fall 2005 Origins of Constitutional Law [class notes 1-4] Britain was based on a parliamentary supremacy system, but Americans viewed British as untrue to their constitutional guarantees. This feeling informed the revolution, which must be understood as a constitutional revolution. Once drafted, Madison was profoundly disappointed with the Constitution, for failure to protect human rights, specifically with regards to religion and slavery. He viewed the document as morally bankrupt and felt that it would ultimately destroy America. Additionally was concerned about protecting people against liberty violations from states, which he viewed as a threat. Post Madison, Americans, especially in the south, begin to accept constitutionalism with slavery. Madison’s pleas are overlooked and forgotten. Reconstruction Amendments finally allow national power to be used against the states (specifically the 14th Amendment), in an effort to protect individual liberties. This broad view of the amendments did not catch on initially, and was not fully realized until post-WWII, but it was used from the start as a tool to protect irrational racism. King and the civil rights movement help to fully realize the 14th Amendment as a guarantee of human rights. Constitutional Interpretation [class notes, reading notes] Constitutional Interpretation by the Judiciary, and Judicial Review Marbury v. Madison (US 1803) [Gunther p.3, reading notes 1, class notes 4-7] Considers the entitlement of Marbury to an appointment, that was not realized with a commission by the subsequent Jefferson administration. The court finds that Marbury has a right to the commission as a matter of law, there is a remedy at law, but fails to grant mandamus after finding that the dispute was improperly before the Supreme Court on original jurisdiction – denies relief. Case is important for it creates the concept of judicial review. Marshall denies relief because he thin