POL464 (1)

Representation in Congress

1) The House of Representatives would be determined based on population. 2) The Senate would have equal representation.

Purpose of the Constitution

1.It creates the national government and divides the power among the branches. 2. It allocates power between the national and state governments. 3. It protects individual liberties

( ) • "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

10th Amendment

( ) (opposition) ✓ "[t]here are no well-defined limits of the Judiciary Powers" ✓ "the powers of the judiciary may be extended to any degree short of Almighty" ✓ "This power . . . will enable them to mold the government into almost any shape they please" because there is no "power above them to control their decision" ✓ "The opinions of the supreme court, whatever they may be, will have the force of law; because there is no power provided in the constitution, that can correct their errors, or control their adjudications. From this court, there is no appeal." ✓ Q: Do any of these criticisms have merit?

Anti-Federalists;

_________ discussed the allocation of representation in the House of Representatives based on population, and specified that it was based on the number of free persons and 3/5 of all others From 1787, when the Constitution was ratified, until 1865, when the 13th Amendment was passed (78 years), slavery was part of society and was protected by the Constitution.

Article I

____________________ limited the powers of Congress and specifically prohibited Congress from limiting the importation of individuals for 20 years - protecting the institution of slavery for a period of time

Article I, Section 9

( ) of the Constitution provides, in part:• "The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish."

Article III, Section 1

Chisholm v. Georgia ✓ RULE(S)• ( ), "The judicial Power shall extend to all Cases . . . between a State and Citizens of another State . . . ." ✓ ANALYSIS • Article III, Section 2, abrogated the states' sovereign immunity and granted federal courts the affirmative power to hear disputes between private citizens and states. ✓ CONCLUSION• Yes, a state could be sued by citizens of another state in federal court.

Article III, Section 2

_____________ included the fugitive slave clause which required persons in free states to return escaped slaves to his or her owner

Article IV

____________ described how to amend the Constitution but prohibited an amendment that would limit the importation of slaves for 20 years

Article V

( ) of the U.S. Constitution is commonly referred to as the Supremacy Clause.

Article VI, Paragraph 2

Judicial Review ✓ The Court did not have many "important" cases in its initial years, but there were some exceptions. ✓ ( ), 2 Dall. (2 U.S.) 419 (1793) (holding that citizens of one state can sue another state in federal courts). J. Iredell dissented. He was a southerner and a strong proponent of states' rights. His dissent led to the adoption of the in ( ) in 1795 which overturned Chisholm and guaranteed state immunity from lawsuits brought by citizens of other states. The repercussions of Chisholm (i.e., a constitutional amendment overturning the case) reinforced Chief Justice John Jay's belief that the Court would remain "the least dangerous branch".

Chisholm v. Georgia 11th Amendment

How did the Article of Confederation lead to trade wars among the states?

Congress lacked the authority to regulate commerce, making it unable to protect or standardize trade between foreign nations and the various states.

✓ No court in England had the power to declare laws unconstitutional. ✓ The Articles of Confederation did not even create a federal judiciary. ✓ During the ( ) there was controversy over what limits and powers should be granted to the federal judiciary. There was a proposal that judges be elected by the Senate. There was a proposal that salaries could not be increased during tenure. There was a proposal that limited the cases and controversies to be heard. ✓ Ultimately, the Convention left some of the power of the judiciary to be worked out in practice.

Constitutional Convention of 1787,

Contesting Judicial Review ✓ ( ), 12 Sargeant & Rawle 330 (PA, 1825) (expressly refuting C.J. Marshall's arguments; refuting Marbury's implication that the judiciary has a monopoly or supremacy on interpreting the Constitution) C.J. Charles Evan Hughes embraced Thomas Jefferson's (anti-federalist) departmental theory of constitutional interpretation - that each branch has the authority to interpret the Constitution and its own powers - as a rational for judicial self-restraint J. Joseph Story agreed with C.J. Marshall and argued, without judicial review, "[t]he laws of the whole would otherwise be in continual danger of being contravened by the laws of the parts"

Eakin v. Raub

( ) (support) ✓ "It is obvious to everyone that there ought to be one Supreme Court for national purposes" ✓ "[T]he powers given to the Supreme Court are not only safe, but constitute a wise and valuable part of the system" ✓ "the judiciary, from the nature of its functions, will always be the least dangerous to the political rights of the Constitution; because it will be least in capacity to annoy or injure them. . . . [it] has no influence over either the sword or the purse, no direction either of the strength or of the wealth of the society" - The Federalist, No 78 (Alexander Hamilton)

Federalists;

Constitutional Convention

In 1787, a Constitutional Convention was called to amend the Articles of Confederation. The most significant goal was to give Congress the power to regulate commerce among the states. When the delegates gathered in Philadelphia, they decided to scrap the Article of Confederation and draft a Constitution

Important Early Cases ✓ ( ), 1 Cr. (5 U.S. 137) (1803), provided the classic justification for the power of judicial review ✓ Chief Justice John Marshall's arguments were based on the text of the Constitution: C.J. Marshall asserted that ( ), in specifying that "judicial Power shall extend to" cases and controversies "arising under this Constitution," implied that constitutional questions may be decided by the judiciary C.J. Marshall asserted that judicial review was a logical implication under the ( ), which makes it clear that the Constitution is "the supreme Law of the Land"

Marbury v. Madison Article III supremacy clause of Article VI

three major compromise

Representation in Congress, over slavery over the new executive branch.

Important Early Cases ✓ These cases helped pave the way for Marbury v. Madison by illustrating that the Court had the power to decide whether it would review federal treaties and statutes: ( ), 3 Dall (3 U.S.) 199 (1796) (upholding provisions of a federal treaty, the 1783 peace treaty with England, over state law) ( ), 3 Dall. (3 U.S.) 386 (1798) (affirming Congress's power to levy a carriage tax) ✓ Conversely, this case illustrated the Court's hesitancy to exert the power of judicial review: •( ), 3 Dall. (3 U.S.) 386 (1798) (declining to assert its power when ruling that conflicts between states laws and state constitutions are matters for state, not federal, courts to resolve)

Ware v. Hylton Hylton v. United States Calder v. Bull

The 2nd major function of the Constitution is to (); governments. ✓ Federalism - The system of government in which power is divided between a central government (e.g., the federal government) and regional governments (e.g., state governments). ✓ Remember: The states were creating the Constitution. The states wanted to do the majority of the governing. The states were closer and more responsive to the people than the federal government.

allocate power between the national and state

It is critical to understand that the U.S. Constitution was a __________.

compromise

The 1st major function of the Constitution is to () among its branches. ✓ Article I - Legislative Branch (Congress: House of Representatives and Senate) ✓ Article II - Executive Branch (vested in the President) At the time of ratification, the runner up became Vice President. The 12th Amendment changed that so that opponents do not become President and VP. ✓ Article III - Judicial Branch (Supreme Court and inferior Courts as ordain and establish.)

create the national government and allocate power;

If there is a conflict between federal and states law, the () prevails.

federal law

The _________ supported ratifying the Constitution. The ________ opposed ratifying the Constitution.

federalists; anti-federalists

The Supreme Court ✓ The Court takes only "( )", involving major issues of legal policy ✓ It is no longer "the least dangerous branch" (at least according to the authors of the textbook) (p. 42) ✓ It more frequently overturns prior rulings, congressional legislation, and state and local laws ✓ President and Chief Justice William Howard Taft explained, "The Supreme Court's function is for the purpose of expounding and stabilizing principles of law for the benefit of the people of the country, passing upon constitutional questions and other important questions of law for the public benefit."

hard cases

✓ Congress passed the Judiciary Act of 1789, creating the () 13 U.S. Courts of Appeal (appellate courts) PU = 7th Circuit Court of Appeals 94 Districts Courts (trial courts) PU = Indiana Northern District Court U.S. Court of Claims U.S. Court of International Trade U.S. Bankruptcy Courts Magistrate Judges handle some District Court matters ✓ Federal justices and judges have life tenure, as long as there's good behavior. () also lists nine (9) categories of cases and controversies that federal courts can adjudicate. • For example: Cases between citizens of different states

lower federal courts; Article III;

The power of judicial review is ( ) provided for in the Constitution. ✓ Q: What is judicial review? ✓ Judicial review is the court's power to ( ) ✓ Judicial review was created in ( ). It initially applied to the authority of federal courts to declare executive and legislative actions unconstitutional but was quickly extended so federal courts could also declare state and local actions unconstitutional.

not expressly; review the actions of other branches or levels of government; esp., the court's power to invalidate legislative and executive actions as being unconstitutional; Marbury v. Madison

The 3rd major function of the Constitution is to ( ) ✓ The Constitution, prior to the Amendments, said very little in the way of individual liberties. ✓ ( ) - states, "No Bill of Attainder or ex post facto Law shall be passed." ✓( ) - states, "No State shall . . . pass any Bill of Attainder, ex post facto Law . . . ."

protect individual liberties. Article I, Section 9, Clause 3 Article I, Section 10