Constitutional Law Lecture 1 - Structure of Government and Separation of Powers

Constitutional Law Lecture 1 - Structure of Government and Separation of Powers

Introduction

This lecture provides an overview of the structure of the U.S. government, emphasizing the doctrines of separation of powers and checks and balances, alongside foundational constitutional principles like federalism, judicial review, and constitutional supremacy. Key themes include:

Separation of Powers: Division of authority among the legislative, executive, and judicial branches to prevent tyranny.

Checks and Balances: Mechanisms for interbranch accountability.

Federalism: Division of powers between the federal government and states.

Judicial Review: Courts’ power to declare laws unconstitutional.

Constitutional Supremacy: Federal law and the Constitution take precedence over state law.

Part 1: Constitutional Foundations

Overview of the Constitution:

Articles I, II, and III establish legislative, executive, and judicial branches.

Article VI’s Supremacy Clause ensures federal law overrides state laws.

Marbury v. Madison (1803) established judicial review, making courts coequal enforcers of the Constitution.

Federalism:

Balances federal and state authority:

Federal powers: Taxation, interstate commerce, national defense (e.g., Gibbons v. Ogden (1824)).

State powers: Police powers, education, intrastate commerce (reserved via the 10th Amendment).

Key cases:

McCulloch v. Maryland (1819): Established federal supremacy and implied powers.

Arizona v. United States (2012): Reinforced federal preemption over conflicting state laws.

Printz v. United States (1997): Limited federal overreach on states’ autonomy.

Part 2: The Separation of Powers Doctrine

Legislative Powers (Article I):

Bicameral Congress enacts laws using powers such as:

Commerce Clause (e.g., Gibbons v. Ogden (1824) expanded federal power; United States v. Lopez (1995) limited it).

Taxing and Spending Power (e.g., South Dakota v. Dole (1987) upheld conditional federal funding).

Necessary and Proper Clause: Authorizes laws to execute enumerated powers.

Limits:

Nondelegation Doctrine: Congress must set clear guidelines when delegating authority.

Presentment Clause: Bills must pass both chambers and be presented to the President (INS v. Chadha (1983) invalidated legislative vetoes).

Executive Powers (Article II):

Includes:

Commander-in-Chief authority.

Appointment power (subject to Senate confirmation; limited by NLRB v. Noel Canning (2014)).

Veto power and foreign affairs authority (United States v. Curtiss-Wright (1936)).

Limits:

Youngstown Sheet & Tube Co. v. Sawyer (1952): Prohibited unauthorized presidential seizure of private property.

United States v. Nixon (1974): Limited executive privilege, affirming no one is above the law.

Judicial Powers (Article III):

Supreme Court exercises judicial review (Marbury v. Madison) and hears cases involving federal law or constitutional issues.

Justiciability doctrines:

Standing: E.g., Lujan v. Defenders of Wildlife (1992).

Ripeness, mootness, and political questions limit courts’ jurisdiction.

Federal judges’ independence is ensured through life tenure and salary protections.

Part 3: Checks and Balances in Practice

Interbranch Conflicts:

Legislative Checks on Executive:

Impeachment (e.g., impeachments of Johnson, Clinton, Trump).

Control of funding and oversight hearings.

Executive Checks on Legislative:

Veto power, executive orders, and signing statements.

Judicial Checks on Both:

Judicial review (e.g., Brown v. Board of Education, Cooper v. Aaron (1958) reaffirmed federal judicial supremacy).

Balancing National Security and Civil Liberties:

Cases such as:

Korematsu v. United States (1944): Upheld controversial wartime actions, later repudiated by Trump v. Hawaii (2018).

Hamdi v. Rumsfeld (2004): Affirmed detainees’ due process rights.

Ex parte Milligan (1866): Limited military tribunals where civilian courts are operational.

Practical Applications and Exam Strategies

Hypotheticals to Consider:

Delegation of power to agencies