General - Constitution Flashcards
What is formal legal reasoning as it relates to constitutional law?
- Form over Substance
- Bright line rules
- Emphasizes logic over experience or history
- Abstractions over Real-World Impact
- Textual Arguments/Originalism (SCALIA)
What are 5 cases that show examples of formal legal reasoning in constitutional law?
- Youngstown (Black) – President taking of the steel mill is legislative in effect. He’s taking Congress’s power. He can only be legislative in veto
- Chadha (Burger) – separation of powers have formal processes that needed to be adhered to; inefficiencies don’t matter – Presentment Clause and Bicameralism
- Morrison (Scalia) – it’s an executive power and reserved to the President—we don’t need to ask any more questions.
- Mistretta (Scalia)
- Morrison (Scalia)
What is functional legal reasoning when it comes to constitutional law?
- Real-World Impact; realism
- How things Function or Operate, not the form
- Balancing Tests
- Multi-Factor Analysis—look at all the circumstances
- Categorization is more Difficult, there is messiness
- Legislative/Executive/Judicial Powers Overlap
- Living Constitution/Ongoing History
- Consider if it hinders the function – REHNQUIST
Generally the alternative approach to legal reasoning
What are 5 cases that show examples of functional legal reasoning in constitutional law?
- Morrison (Rehnquist) – removal power so essential for the President to function as the executive? Look at the factors listed in the case : duty, tenure, appointment, removal, purpose, who’s above them
- Youngstown (Jackson) Three Categories and (Frankfurter) – Ongoing History
- Chadha (White) – the legislative branch is not aggrandizing or encroaching, but protecting itself from the executive branch
- Mistretta (Blackmun) – ongoing history
- United States v. Nixon – president’s privacy is balanced against other values, like the criminal justice system.
What are the 3 cases to consider and their factors when overturning precedent?
- When Seminole overturned Union Gas:
- Was it decided by a plurality with no established rationale?
- Has it been confusing and unworkable?
- Is it an outlier in cases establishing federalism jurisprudence? - When Darby overturned Hammer:
- Outlier
- Had not been followed - When Garica overturned National League of Cities:
- Ambiguous definitions of “traditional governmental functions”
- Unworkable, inconsistent results
What are the names of the current 9 SCOTUS Justices?
- Chief Justice Roberts
- Alito
- Ginsburg
- Breyer
- Thomas
- Kennedy
- Sotomayor
- Kagen
- Gorsuch
What is the purpose of the constitution?
limit government powers
What is Federalism
Divides governmental power between the nation and the states
Article VI Supremacy Clause holds that federal laws are supreme and the 10th amendment holds that all other powers are left to the states
Where in the Constitution are Congress’ legislative powers given? And what are they?
Congress’ legislative powers are given in Article I and it gives an override veto and senate confirmation of appointments
Where in the Constitution are the Executive presidential powers given? And what are they?
Executive presidential powers are given in Article II and it gives veto and appointment powers
Where in the constitution are the Judicial SCOTUS powers given? And what are they?
Judicial SCOTUS powers are given in Article II and given the power of judicial review
What are the 7 types of constitutional arguments/types of reasoning?
- Textual
- Originalist
- Structural
- Doctrinal
- Ongoing history
- Pragmatic/consequential
- Moral/ethical
What does it mean for there to be a textual constitutional argument?
The constitution means “x” because that language can be found in the text of the constitution
Something that is not so clear but could still
have a textual argument —“Congress may coin money” but interpretation also allows for the printing of paper money.
What does it mean for there to be an originalist constitutional argument (3)?
- Intent of the Framers/Original Intent - the men who wrote the Constitution subjectively intended for the Constitution to mean “x.”
- Original Understanding - people who were living at the time the Constitution went into effect would have understood it in a certain way.
- Original Public Meaning - looks objectively at what would the words that were used would have meant to a reasonable person at that time?
What does it mean for there to be structural reasoning in a constitutional argument (2)?
- Looks at the structure and architecture of the Constitution to identify concepts
- Identifies ideas that are important in defining the Constitution like the Separation of Powers
