U.S. constitutional law: Difference between revisions
imported>Howard C. Berkowitz No edit summary |
imported>Howard C. Berkowitz No edit summary |
||
Line 5: | Line 5: | ||
| publisher = Legal Information Institute, [[Cornell University]]}}</ref> | | publisher = Legal Information Institute, [[Cornell University]]}}</ref> | ||
In practice, the most important interpreter of constitutional law is the [[Supreme Court of the United States]] (SCOTUS). SCOTUS most relies on the doctrine of ''[[stare decisis]]'' or precedent in earlier Supreme Court and other U.S. court rulings. It will also consider, as informative sources, the decisions of state courts, of treaties and international bodies, and foreign courts, as well as works of legal scholarship. | In practice, the most important interpreter of constitutional law is the [[Supreme Court of the United States]] (SCOTUS). Its role in judicial review is not explicit in the Constitution, but was established by the 1803 ''[[Marbury v. Madison]]'' case. | ||
SCOTUS most relies on the doctrine of ''[[stare decisis]]'' or precedent in earlier Supreme Court and other U.S. court rulings. It will also consider, as informative sources, the decisions of state courts, of treaties and international bodies, and foreign courts, as well as works of legal scholarship. | |||
==Framers' intent== | |||
In judicial review, both the Framers' "original intent", and the ratifying state conventions "original understanding", are considered. Original intent comes from writings of the Framers, such as the [[Federalist Papers]]. <ref>{{citation | |||
| author = H. Jefferson Powell | journal = Harvard Law Review | |||
| volume = 98 Harv. L. Rev. 885 (1985) | |||
| title = The Original Understanding of Original Intent | |||
| editor = Jack N. Rakove, ed., Interpreting the Constitution: The Debate Over Original Intent 53 | publisher = Northwestern U. Press, 1990)}}</ref> <ref>{{citation | |||
| title = The original intention of original understanding | |||
| journal = Constitutional Commentary | |||
| date = Summer 1996 | author = [[Jack Rakove]] | |||
| url = http://findarticles.com/p/articles/mi_hb3086/is_n2_13/ai_n28670406/}}</ref> | |||
==Supremacy Clause== | ==Supremacy Clause== | ||
Based on Article VI of the Constitution, SCOTUS ruled, in the 1819 case of ''[[McCulloch v. Maryland]],'', that "state governments and officials cannot take actions or pass laws that interfere with the Constitution, laws passed by Congress, or treaties." <ref name=LII /> | Based on Article VI of the Constitution, SCOTUS ruled, in the 1819 case of ''[[McCulloch v. Maryland]],'', that "state governments and officials cannot take actions or pass laws that interfere with the Constitution, laws passed by Congress, or treaties." <ref name=LII /> | ||
==References== | ==References== | ||
{{reflist}} | {{reflist}} |
Revision as of 17:55, 20 February 2010
U.S. constitutional law "deals with the interpretation and implementation of the United States Constitution." While the U.S. Constitution is widely regarded as a document of much wisdoms, its Framers simply could not foresee all the contingencies over more than two centuries. [1]
In practice, the most important interpreter of constitutional law is the Supreme Court of the United States (SCOTUS). Its role in judicial review is not explicit in the Constitution, but was established by the 1803 Marbury v. Madison case.
SCOTUS most relies on the doctrine of stare decisis or precedent in earlier Supreme Court and other U.S. court rulings. It will also consider, as informative sources, the decisions of state courts, of treaties and international bodies, and foreign courts, as well as works of legal scholarship.
Framers' intent
In judicial review, both the Framers' "original intent", and the ratifying state conventions "original understanding", are considered. Original intent comes from writings of the Framers, such as the Federalist Papers. [2] [3]
Supremacy Clause
Based on Article VI of the Constitution, SCOTUS ruled, in the 1819 case of McCulloch v. Maryland,, that "state governments and officials cannot take actions or pass laws that interfere with the Constitution, laws passed by Congress, or treaties." [1]
References
- ↑ 1.0 1.1 Constitutional law: an overview, Legal Information Institute, Cornell University
- ↑ H. Jefferson Powell, Jack N. Rakove, ed., Interpreting the Constitution: The Debate Over Original Intent 53, ed., "The Original Understanding of Original Intent", Harvard Law Review 98 Harv. L. Rev. 885 (1985)
- ↑ Jack Rakove (Summer 1996), "The original intention of original understanding", Constitutional Commentary