Constitutional Law - Day 1 Main Themes: Judicial Review: The power of the courts to interpret the Constitution and invalidate laws/actions of other branches. Sources of Federal Power: How the Constitution grants and limits federal authority. Separation of Powers: The division of government functions into distinct branches to prevent tyranny. Checks and Balances: Mechanisms ensuring each branch limits the power of the others, maintaining equilibrium. key Ideas/Facts: I. Judicial Review: Established by Marbury v. Madison (1803), giving courts power to "say what the law is" and strike down unconstitutional acts. Ensures the Constitution is supreme and protects individual rights from unchecked legislative/executive power. Quote: "It is emphatically the province and duty of the judiciary to say what the law is." - Chief Justice John Marshall, Marbury v. Madison Limitations on Judicial Power: Standing: Parties must have a direct stake in the case's outcome, preventing advisory opinions on hypothetical issues. Ripeness: Cases must be sufficiently developed with a present controversy, not premature or theoretical. Mootness: Cases where the issue is already resolved are dismissed, as no practical relief can be offered. Political Question Doctrine: Courts avoid inherently political matters best left to other branches (e.g., foreign policy). II. Sources of Federal Power: Commerce Clause (Article I, Section 8): Grants Congress power to regulate interstate commerce. Broadly interpreted to cover activities affecting interstate commerce, even if local (Wickard v. Filburn). Used to address national issues like civil rights (Heart of Atlanta Motel v. U.S.) and environmental protection. Taxing and Spending Power (Article I, Section 8): Allows Congress to levy taxes and spend for general welfare. Used to raise revenue and incentivize state policies (South Dakota v. Dole - drinking age tied to highway funds). Necessary and Proper Clause (Article I, Section 8): Grants Congress implied powers to execute its enumerated powers. McCulloch v. Maryland: Upheld Congress's power to establish a national bank, even though not explicitly listed. III. Separation of Powers: Executive Branch (President): Enforces laws, conducts foreign relations, commands armed forces. Checks: Congress can override vetoes, control funding, declare war; Judiciary can review actions for constitutionality. Legislative Branch (Congress): Makes laws, levies taxes, declares war, oversees the budget. Checks: Bicameral structure requires approval from both chambers; can impeach officials; confirms appointments. Judicial Branch (Courts): Interprets laws, ensures constitutionality through judicial review. Checks: Life tenure for judges insulates from political pressure; Congress can impeach; President appoints judges. IV. Checks and Balances: Ensures no branch becomes too powerful and maintains accountability within the system. Examples: Congress can override Presidential vetoes. President can veto legislation. Courts can declare laws/actions unconstitutional. Congress controls federal spending, influencing executive policy. Senate confirms judicial appointments, shaping the judiciary. Overall: This session highlights the dynamic tension inherent in the U.S. government's structure. The Constitution establishes a framework for power but relies on judicial interpretation and inter-branch checks to ensure balance and protect individual rights. Understanding these principles is crucial for comprehending how the U.S. system functions and evolves. --- Support this podcast: https://podcasters.spotify.com/pod/show/law-school/support