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Loyno POLS A301 - CON LAW 2 NOTES

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CON LAW 2Wed nov 12- War powers, political question doctrineCongressional procedures, progressional self governance 1892 FIELD V. CLARK1969 POWELL V. MCCORMACK- following midterm elections in 1967, refused to seat clayton powell1995 US TERMS LIMITS V. THORNTON1798 HOLLINGSWORTH1972 ROUDEBUSH V. HATRKE1990- MUNDZ V. FLORES1922 LESER V. GARNETT1921- DILLION V. GLOSS1993 NIXON v. UNITED STATES- court held that challenges to impeachment process present nonjustiticbale political questions- involved federal district judge convicted of making false statements to grand jury - reinquest- judicial review of impeachment, checks and balances? Framers thought that legislatures having checks on federal judges impeachment was important checking mechanism Congressional Control of Fed Court jurisdiction Article 3 suggests congress can limit supreme courts appellate jurisdictionSC has cFriday November 14Congresses control of jurisdiction?- extent of congressional power to limit appellate jurisdiction of supreme court- 1869 EX PARTE McCardalo McCardal was put in prison by military reconstruction government, established by congress in aftermath of civil war, McCardal brought habeus corpus in fed circus court charging that reconstruction acts were unconcsttutionalo Circuit court rejected, then appealed on 1867 statute that authorized habeus corpuso After SC heard arguments but before It handed down decision, congress passed law repealing that section of statute that allows appeals to SC court, trying to prevent SC from decidings McCardals caseo SC upheld congress’ limitation of SC jurisdiction opinion says appellate jurisdiction of supreme court is under exceptions and limitations that congress makes  dismissed the caseo This case has been interpreted by some that congress can strip fed courts completely of right to issue habeas corpus goes against logic of judicial review especially with categories of cases would limit essential role of SCo What is congress said that no cases brought by African American can be appealed to SC? Violates equal protection clause NATIONAL LEGISLATIVE POWER- sources, nature of congressional power- congress is embedded within system of federalism, state govts also have certain authority- federalism- system of govt in which power is divided by written constitution between central government and regional governments, both governments act directly upon citizens, within sphere of authority both are supreme, both have to consent to constitutional change - unitary system- central govt is supreme, regional and local governments derive their authority from the central government (ex. Germany, Canada, mexico, india, GB) (every state in the US is a unitary system)federal govt refers to national govt in Washington - federal system was most important compromise in constitutional convention,- questions unanswered: what if there are disputes over spheres of authority between national govt and state governments? How are those powers defined when they conflict we have refered to SC - what exactly is the nature of this union created by the constitution? Treaty among soverieign states or compact created by all people of US?o Interposition? Response to alien and sedition acts, asserted authority of stateso Nullification – idea that states can (when they find fed govt action to be unconstitional) to declare it null and void and not binding on stateo Succession- bc it’s a compact of soverieign states they can withdraw from compact  settled when rebel states surrendered in 1865o TEXAS V. WHITE (1869)- addressed question of whether state can withdraw from union,  Succession was impossible, form a more perfect union  Would have appealed to chief justice john marshall  uphold national authority ** 1819 MCCULLOCH V. MARYLAND-- congress created second national bank through congressional legislation - state tried to impose tax on bank, MCCULLOCH was cashier at baltymore branch of national bank, refused to pay tax- there was special paper they had to use, costed money, if you don’t use paper for bank notes you are fined, - 1789- congress directed secretary of treasury (Hamilton) made reports to congress dealing with debt, excise taxes, one with formation of national bank,etc. but report that sparked const debate was recommendation for national bank  opposed by James Madison (congress rep for Virginia) reaised issue that at const convention there was proposal to include power to create corporations in article 1 section 8- Hamilton argued that the necessary and proper clause – congress has power to carry out enumerated powers and other powers as well  Hamilton argues that this allows them to create national bank bc of economic powers (coining money, etc)- Madison disagreed, thought narrow construction of clause was approporate- Congress went with hamiltons interpretation- 1868 second bank was chartered, sloppy financial dealings, large amounts of stock owned by British investors, lead to great distrust - states responded by putting restrictions on national bank- attempt to regulate credit and currency that Baltimore branch could issue- Mcculloch believed this was beyond power of state of Maryland - Argued over 9 days - Marshall said this case presented 2 issueso 1. If congress had power to create a bank (everything else would be moot if not)o 2. Whether state had ability to tax a branch of the national bank- with the first issue, Marshall first turns to question (delegated powers), who delegated the powers? The states? Or is it the people? o Marshalls answer is the people, people ratified const, people accepted const, people assembled within conventions of the state because it was convenient but they were popularly elected delegates, measures are of the people themselves, state governments didn’t create national government, from popular conventions and national government derive all of their authority o Marshall says it’s a government of enumerated powers, can exercise only powers that people have granted to it, government is a govt oflimited powers though if a power is given to it, then in pursuit of that power IT IS SUPREMEo What about absence of power to create corporations?o Cites necessary and proper clause, Hamilton already made this argument with first bank of the US, not unprecedented argument these are vast powers, governemt must surely have power to effectively carry out these powers  o The logic of the situation doesn’t require


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