Jonathan Davis, Daniel West, Eric Borman, and Tony Speno

Chapter 8a: Constitutional Law

Jonathan Davis, Daniel West, Eric Borman, and Tony Speno

1. Introduction

“We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.” These famous words are the Preamble to the Constitution of the United States of America, a document completed on September 17, 1787 and officially ratified on March 4, 1789. This document was written for the purpose of organizing a strong national government for the states. Before the Constitution was written, the states observed the Articles of Confederation, which gave individual independence to each state. After the states won their independence in the Revolutionary War, George Washington and Alexander Hamilton wanted to establish a strong national government under a new constitution. Hamilton organized a national convention in Philadelphia, and in 1787 called the Constitutional Convention in order to revise the Articles of Confederation. However, many of the delegates at the Convention wanted to create a new plan of government;consequently, the Constitution of the United States of America was created.

The Constitution contains seven articles containing information on legislative, executive, and judicial power (Articles I-III), states’ powers and limits (Article IV), process of amendments (Article V), federal power (Article VI), and ratification (Article VII).

As noted earlier, each state’s authority was under separate guidance before the Constitution was written. The states were not unified under one document, but the Articles of Confederation gave independence to each state individually. When the Constitution was written, the federal powers it establishedweredrawnfrom the laws of individual states; therefore, thefederal powers came from the states. Due to the relationship between federal powers and state powers, Congress and state legislatures have concurrent powers, or duties, which they share.This includes, but is not limited to, building roads, collecting taxes, the power to have a military, the power to hold elections, and making and enforcing laws. A significant concurrent power is police power. Police power gives states the power to regulate the health, safety, morals, and the welfare of the people, prevent fraud and oppression, and to promote the prosperity of all. These are powers reserved purely for the states. States have the power to pass, enforce, and interpret their own state laws, as long as the interpretations do not conflict with the US Constitution.

1. Enumerated Powers

The Constitution provides a list of enumerated powers, or powers of the federal government. Article I Section 8 of the Constitution states, “The Congress shall have power... To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof.” The enumerated powers include, but are not limited to, coining money, punishing those who counterfeit money, establishing post offices, providing and maintaining a Navy, and declaring war.

1. Federalism

Federalism, or dual sovereignty, is another provision of the Constitution. It was believed that the United States government should be limited to the number of its enumerated powers, and all other enumerated powers should be granted to the people and the states. The Tenth Amendment states, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” Under federalism, each state is granted independent powers and responsibilities. States have their own individual legislative, executive, and judicial branches and are allowed to pass, enforce, and interpret their own laws, as long as they do not violate the United States Constitution. However, most governmental responsibilities, such as taxation, civil rights, environmental protection, and business regulation, are shared by federal and state governments.

1. Supremacy Clause

Article VI, Clause 2 of the United State Constitution contains the Supremacy Clause. The Supremacy Clause essentially states that if there is a conflict of federal law and state law, federal law takes precedence over state law. It says that the Constitution, Federal Statutes, and United States treaties are to be “the supreme law of the land.” Even if state laws or constitutions conflict with the United States Constitution, state judges are required to uphold the United States Constitution, as it is the highest form of law of the United States legal system.

1. Commerce Clause

Another clause provided by the United States Constitution is the Commerce Clause. The commerce clause gives federal law the right to regulate in three areas of commerce (trade):

1. Foreign commerce
2. Trade with Native American tribes
3. Interstate commerce

An early interpretation of the Commerce Clause (based on its official wording) provided that federal law is allowed to regulate interstate commerce (or trade between separate states), but it cannot regulate intrastate commerce (or trade within the same state). However, a subsequent, broader interpretation of the clause provides that Congress can regulate intrastate activities as well, as long as these activities affect interstate commerce. The “affectation doctrine” is also provided by the commerce clause. Essentially, the affectation doctrinemeans that there is very little that the federal government cannot regulate regarding commerce, and that states are allowed to regulate interstate commerce as well.

Even though states can regulate commerce, they can get into trouble if there is a conflict with federal law, as seen in the case of Gibbons v. Ogden. States can also get into trouble if there is express or implied preemption. Expressed preemption is when the federal government informs states to not regulate commerce, but states regulate anyway. Implied preemption is when the federal law is so extensive that there is no room for states to regulate trade. Another way for states to get into trouble concerning commerce is if there is discrimination against other states. Discrimination is involved if state laws treat interstate commerce and local commerce unequally, or if they hinder interstate commerce or prevent it from occurring. One final way that states can get into trouble in regulating interstate commerce is if they cause undue burdenon trade. Any law is a burden, but the question is whether the law is undue (or excessive). To see if a law is undue, it is measured to determine the amount of disturbance created by the law.

1. Import/Export Clause

The Import/Export Clause of the United States Constitution says that state governments do not have the power to tax imports or exports. Imports are goods brought into one country from another country, and exports are goods being sent from one country to another. On the other hand, the federal governmenthas the power to tax imports, but not exports.

1. Privileges and Immunities Clause

Article IV, Section 2, Clause 1 of the United States Constitution is the Privileges and Immunities Clause. It says that states cannot discriminate against people from other states. States must treat visitors from other states as they do their own residents. There are some exceptions, however. Courts do not require states to charge the same college tuition to out-of-state residents because they have not been paying taxes in the state that supports these schools. The clause also gives a person the right to travel, so that a person from one state may enjoy “privileges and immunities” in another state without fear of discrimination.

1. Contract Clause

Article I, Section 10, Clause 1 of the United States Constitution is the Contract Clause. The Contract Clause applies only to state governments—it does not apply to the federal government. It says that states cannot write laws that affect existing contracts laws. However, the contract clause does not apply to contracts that have not yet been written. This clause was added to the Constitution because it was feared that the granting of “private relief” under the Articles of Confederation, would continue by the states. Under “private relief”, legislatures would pass bills excusing influential individualsfrom paying their outstanding debts.

1. Full Faith and Credit Clause

Article IV, Section 1 of the United State Constitution is the Full Faith and Credit Clause. This clause says that states have to respect the “public acts, records, and judicial rulings” of other states. For example, a couple wedded in Iowa will be recognized as married in Missouri even though the marriage was granted in Iowa. There is some conflict with this clause, especially in the area of same-sex marriage. Each state has its own laws and constitutional amendments concerning same-sex marriage. In 2000, Vermont approved a domestic partners act and gave same-sex couples most of the same rights as heterosexual couples. This was later followed by a Massachusetts Supreme Court ruling that the Massachusetts constitution granted same-sex couples equal rights to marry. Currently, there are only two states where same-sex marriages are legal: Massachusetts and Connecticut. Same-sex marriages were legal in the state of California, until Proposition 8 was passed in November of 2008. Most states do not acknowledge same-sex marriages that took place in another state due to the fact that many states have a Defense of Marriage Act.

Summary

The Constitution of the United States of America is the supreme law of the land (as stated in the Supremacy Clause). The Constitution provides a list of enumerated powers, or powers of the federal government. All other powers not given to the federal government are given to the states, as long as they do not violate the United States Constitution (Federalism). The Constitution also gives the federal government the right to regulate commerce (Commerce Clause) and the right to tax imports (Import/Export Clause). Under the Constitution, states cannot discriminate against people from other states (Privileges and Immunities Clause) and they cannot write laws that affect existing contract laws (Contract Clause). States also have to respect the public acts, records, and judicial rulings of other states (Full Faith and Credit Clause).

Great American Cases: Marbury v. Madison-- Amanda Grzesiowski

Today, Marbury v. Madison is still remembered and recognized as an incredibly important case in American history. This case established the ideal of judicial review. It was argued on February 11, 1803. The case was decided on February 24, 1803. This landmark case formed the basis for the exercise of judicial review of our nation today.

William Marbury served as a “Midnight Judge” during the John Adams presidency. He was appointed to the position of Justice of the Peace in the District of Columbia. His term was to begin roughly around the time of the beginning of the following presidency, belonging to Thomas Jefferson. In order for these appointments to be made official and be carried out into action, the Secretary of State was to deliver the commissions to those appointed to positions. While some appointments were confirmed while Adams was still president, others were to be delivered after Jefferson had already become president. Adams figured that was acceptable because the Senate had agreed to these appointments. However, once Jefferson was made president, he ordered his Secretary of State, James Madison, to not deliver the remainder of the positions. Without receiving his commission to appointment, Marbury was unable to take up his post as Justice of the Peace.

On February 24, 1803, the decision was made. The official ruling of Marbury v. Madison was the Marbury possessed the right to his commissions, but the court did not have the power to force Madison to deliver them to Marbury. Due to the Judiciary Act of 1789, the court did not have the proper jurisdiction to force Madison to deliver the commissions. This act made it unconstitutional for the courts to try and issue a writ declaring Madison take a course of action pleasing to Marbury. The case of Marbury v. Madison was a landmark decision in the United States because it is the first time that the court ever declared something unconstitutional. It also established the concept of judicial review because it identified the rights of courts to oversee and nullify the actions of a separate branch of government. Marbury v. Madison helped to create the checks and balances system that is so successful in our government today.

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