American J.D. Program/Constitutional Law

From Wikiversity

Contents 1 Week 1 1.1 Orientation 1.2 Introducin the Constitution 1.2.1 Assignment 1.2.2 Discussion 2 Week 2 2.1 Judicial Review 2.1.1 Assignment 2.1.2 Discussion 2.1.3 Questions 2.2 Ex parte McCardle 2.2.1 Assignment 2.2.2 Discussion 2.2.3 Questions 2.3 Mootness 2.3.1 Assignment 2.3.2 Discussion 2.3.3 Questions 3 Week 3

[edit] Week 1

[edit] Orientation

Use highlighters in the following fashion.

1. Facts Green
2. Rationale Yellow
3. Holding Red
4. Blue important precedents
5. Orange dissenting opinions

[edit] Introducin the Constitution

[edit] Assignment

1. Read the Constitution of the United States.

2. Read the Wikipedia article on Constitution.

[edit] Discussion

[edit] Week 2

[edit] Judicial Review

[edit] Assignment

1.Read the following cases and brief them in the IRAC format. Make sure you read both the case syllabus and the opinion of the court.

• Marbury v. Madison 5 U.S. 137 (1803) (Listen to the Case)

2.Compare your outline with the following.

• Case Brief
• Case Brief
• Case Brief
• Case Brief
• Case Brief

3.Read the Wikipedia article on Marbury v. Madison

[edit] Discussion

When the Supreme Court sees a conflict between the constitution and congressional statue, the Court has the authority to review and declare it unconstitutional. The rationale is that the Congress is not the only one who reviews the constitutionality of the laws. One of the functions of the judiciary is to say what the law is serving the role of the ultimate interpreter. There are some criticisms though. The constitution does not say explicitly of this role. Since it is useful to have the judiciary serving this role and have the government subject to independent review- since the judiciary is less prone to political pressue, it became part of the contitutional law.

[edit] Questions

• Thomas Jefferson
• Alexander Hamilton
• Federalist Papers
• Chief Justice Marshall

[edit] Ex parte McCardle

[edit] Assignment

1.Read the following cases and brief them in the IRAC format. Make sure you read both the case syllabus and the opinion of the court.

• Ex parte McCardle

2.Compare your outline with the following.

• Case Brief

3.Read the Wikipedia article on Ex parte McCardle

[edit] Discussion

This case is about congressional limits. The Constitution gives Congress the express power to make excpetions to the appellate jurisdiction. Art. III, § 2 states that the appellate jurisdiction of the Supreme Court is subject to “such exceptions and conditions as Congress shall make”, thus Congress may limit the appellate jurisdiction (in a broadest interpretation).

[edit] Questions

[edit] Mootness

[edit] Assignment

1.

Friends of the Earth, Inc. v. Laidlaw Environmental Services 528 U.S. 167 (2000)

2.

Friends of the Earth, Inc. v. Laidlaw Environmental Services

3.

Friends of the Earth, Inc. v. Laidlaw Environmental Services, Inc.

[edit] Discussion

[edit] Questions

[edit] Week 3