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Mastering the Bar Exam: Constitutional Law - Session One: Introduction to Constitutional Law
Historical Background and Constitutional Convention.
As we embark on this journey, it's crucial to understand the historical context in which the U.S. Constitution was conceived. In the late 18th century, the young United States was governed by the Articles of Confederation, a document that provided a loose alliance of the states but lacked a strong central government. This arrangement proved ineffective in addressing national issues like interstate commerce, defense, and debt management.
The need for a more robust federal structure led to the Constitutional Convention of 1787 in Philadelphia. This gathering was a remarkable assembly of statesmen, including figures like George Washington, James Madison, and Benjamin Franklin. Their diverse backgrounds and perspectives fostered vigorous debates on how to balance federal and state powers and protect individual rights.
The resulting Constitution was a masterful compromise between different interests. It created a federal system with a stronger central government while ensuring that states retained significant autonomy. This balance is a key feature of the Constitution and a recurring theme in constitutional law.
The Structure of the Constitution.
The Constitution is elegantly structured, yet comprehensive. It begins with the Preamble, a statement of purpose that underscores the values of unity, justice, tranquility, defense, welfare, and liberty.
Article I establishes the legislative branch (Congress), detailing its powers and limitations. It sets forth the bicameral legislature, with representation based on population in the House of Representatives and equal state representation in the Senate.
Article II defines the executive branch, outlining the President's roles, including serving as the commander-in-chief, making treaties (with Senate approval), and appointing federal officers and judges.
Article III establishes the judiciary, creating the Supreme Court and allowing Congress to establish lower federal courts. It defines judicial powers and outlines the case types under federal jurisdiction.
Articles IV to VII cover various issues like state interactions, the amendment process, federal supremacy, and the ratification process.
The Constitution’s amendability is crucial. The first ten amendments, known as the Bill of Rights, were quickly added to guarantee fundamental freedoms and rights. Subsequent amendments have addressed issues like slavery (13th Amendment), voting rights (15th, 19th, 24th, and 26th Amendments), and presidential terms (22nd Amendment).
Principles of Judicial Review (Marbury v Madison).
The case of Marbury v Madison (1803) is a cornerstone of American constitutional law. It emerged amid political conflict between the outgoing Federalist administration and the incoming Jeffersonian Republicans. William Marbury, appointed as a justice of the peace by President John Adams, sued Secretary of State James Madison for not delivering his commission.
Chief Justice John Marshall, in a stroke of judicial statesmanship, ruled that while Marbury had a right to his commission, the Supreme Court lacked the authority under the Judiciary Act of 1789 to issue a writ of mandamus (a court order compelling a government official to act) to deliver it. This ruling cleverly avoided a political confrontation while establishing a key principle: the power of the courts to review and nullify acts of Congress that conflict with the Constitution. This principle of judicial review is not explicitly stated in the Constitution but has become a fundamental aspect of its operation.
Methods of Constitutional Interpretation.
Interpreting the Constitution is a complex endeavor, involving various methodologies that reflect different views of the Constitution's nature and purpose.
Textualism focuses strictly on the text's plain meaning. Textualists
Published on 2 years ago