Constitutional Law

Newly-elected Jefferson ordered his Secretary of State, James Madison, not to deliver commissions for Justices of the Peace appointed right before his predecessor, Adams, left office. Marbury and others sued.

Structuralist Argument: Judiciary says what the law is. Originalist Argument: It was the framers intent for judicial review (hard to prove.)

Did Marbury have a right to the commission? Yes. Do the laws of this country afford him a remedy? Yes. The judiciary could provide remedies against the executive when there is a specific duty to a particular person, not when it is a political matter left to executive discretion. Can the Supreme Court issue this remedy? Judicial review, including mandamus, is deemed appropriate only where there is an executive duty to perform (not in political acts at the executive’s discretion.) Matters such as vetoing a bill or appointing someone to office are entirely within presidential discretion. Judiciary can provide a remedy when an executive has a legal duty to act or not act.

May or may not even grant the court original jurisdiction (they held it does, but it could only apply to appellate jurisdiction or remedial powers when it has jurisdiction.) The court held that the statute did grant them the power but that it was unconstitutional, establishing the supreme court’s power to grant statutes unconstitutional, in violation of Article 3.

1. Constitutional limits on government power are meaningless if not enforced. 2. It is the duty of the judicial department to say what the law is. 3. Deciding cases under the Constitution implied the power to declare unconstitutional laws 4. Judges would violate their oath of office if they enforced unconstitutional laws. 5. Judicial review is appropriate because Article VI makes the Constitution the supreme law of the land. *The court does not have an affirmative power to void a statute by holding it unconstitutional, the court is bound by the constitution and therefore has a duty to it.*

Martin claimed title to land based on inheritance from a British citizen who owned the property. US and England had entered into treaties protecting the rights of British citizens who own land in the US. Hunter claimed that VA had taken the land before the treaties came into effect and Martin did not have a claim. VA COA ruled in favor of Hunter and in favor of the state’s authority to have taken and disposed of the land.

Story held that the Constitution presumes that the Court could review state court decisions on Constitutional questions. The Constitution creates the Supreme Court and gives Congress discretion whether to create lower federal courts, but if Congress hadn’t created the Courts, there would be very few cases within the Supreme Court’s jurisdiction without being able to review state court cases.

Originalist

Facts: The bank of the US had always been contested.  Sate adopted laws to limit it.  MD taxed the bank.  The bank refused to pay and MD sued (McCulloch was the cashier.)  Trial court and COA ruled for MD.

Yes.
 

1. 1. Established by historical practice.  It was discussed extensively by congress and approved of by the executive.
2. 2. States are not sovereign because they created the US by ratifying the Constitution.  It is the people who ratified the Constitution, and thus the people are sovereign.  The government is of the people rather than a compact of the states [though in Article VII it does mention ratification of the states.]
3. 3. Congress has powers under Article I, even if they are not enumerated.
4. 4. Congress has the power under the Necessary and Proper Clause (Article I, §8.)  Congress may use any means not prohibited by the Constitution to carry out its express authority.  Necessary means useful or desirable. 
   

The federal government is supreme and states have no authority to negate federal actions.  

 
The power to create a bank includes the power to preserve its existence.  The power to tax involves the power to destroy, and the power to destroy may defeat and render useless the power to create.   The court chose not to allow but limit taxing because then it would have to evaluate every tax.   A state tax on the bank was also essentially taxing those living in other states, and is thus illegitimate.

Court examined a CT law that set aside the decision of a probate court that had denied inheritance to those designated as beneficiaries under a will.  The probate court changed its ruling after the new law was adopted.

Chase: The government can neither violate provisions of the Constitution nor infringe rights that are part of the natural law.  Government must protect peoples’ rights even if they aren’t enumerated.   Irdell: Courts cannot rely on natural law principles to declare laws unconstitutional.   Debate over judicial activism/restraint.   Holding: Ex post facto clause of Article I, §10 only applies to criminal law.

McCardle sued for writ of habeas corpus arguing his detention was not legal.  Congress repealed the statute so the court could not decide the claim.
Holding: Congress had the power to repeal the statute before the Supreme Court made their decision.

The three functions of government, when contained in the same hands, gives rise to a tyrannical government.

The effort to secure individual liberties is through process and structure—separation of powers.

United Steelworkers Union announced a strike.  President Truman issued an executive order directing the secretary of commerce to take possession of steel mills to keep them running because halting the production of steel could compromise war efforts in Korea.  Truman reported this order to Congress, who took no action.