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Outline con law ii dr 1

Outline con law ii dr 1

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Outline – Constitutional Law II – DeGirolami – DR

I. Article IV Federalism: The Relationship of the States to Each Other and the Nation as a

Whole

a. Theme 1: The Conflict of Government Powers and Individual Rights

i. Variation 1 on Theme 1: Inter-branch conflict

ii. Variation 2 on Theme 1: The Conflict of Federalism

b. Theme 2: Who Decides?

i. The issue is not what the correct outcome is, but who should be tasked with

making it.

ii. In Constitutional Law II, we deal primarily with individual rights. Individual

rights are protected by separation of powers and federalism (remember Printz?).

But they are also protected by the Bill of Rights and the Amendments that

followed.

iii. Who should be the primary guardian of the people’s rights? The courts?

Congress? The President?

iv. If the Constitution does not protect a right, who should be responsible for taking

the initiative to make new constitutional rights? The courts? Congress? The

President?

1. None of the above? What about Article V? That is the textual provision

involving the creation of new rights.

c. Article IV: Interstate Comity

i. Full Faith and Credit Clause (s.1): “Full Faith and Credit shall be given in each

State to the public Acts, Records, and judicial Proceedings of every other

State….”

1. Deals w/ judgements from sister states. Ensures that any judgement in

one state will be respected by another, union as to legal judgements

ii. Privileges AND Immunities Clause (s.2): “The Citizens of each State shall be

entitled to all Privileges and Immunities of Citizens in the several States.”

1. Not “or” like in the 14

amendment.

2. Note Citizens of a state, not US citizens

3. Prohibits states from discriminating against citizens from different states

w/ respect to fundamental civil rights that it accords its own citizens

d. Article IV: Slavery and New Slaves/Territories

i. Fugitive Slave Clause (s.2): “No Person, held to Service or Labour in one State,

under the Laws thereof, escaping into another, shall, in Consequence of any Law

or Regulation therein, be discharged from such Service or Labour, but shall be

delivered up on Claim of the Party to whom such Service or Labour may be due.”

ii. New States/Territories (s.3): “New States may be admitted by the Congress into

the Union…. The Congress shall have Power to dispose of and make all needful

Rules and Regulations respecting the Territory or other Property of the United

States….”

e. Dred Scott v. Sandford (1857)

i. Our transition point: the beginning of our move from powers to rights

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ii. Missouri Compromise:

1. Missouri admitted as a slave state, Maine admitted as a free state;

2. Congress prohibits slavery in new states and territories north of the

Missouri Compromise Line

iii. Dred Scott: Slaves are property, not citizens, and so cannot invoke federal

diversity jurisdiction. Court declares Missouri Compromise unconstitutional

iv. Ruling helps to trigger the Civil War.

f. Corfield v. Coryell (1823) Bushrod Washington – defining fundamental rights under the

privileges and immunities clause of Article IV

i. Penn citizen charged with violating NJ law not allowing him to rake clams –

upheld b/c the law not abridging fundamental civil rights

ii. P and I clause protects: Privileges and immunities have to be fundamental which

belong as a right to the citizens of all free governments and which have been

enjoyed by all citizens of the union from the time the states become sovereign.

1. Protection by the government; the enjoyment of life and liberty, with the

right to acquire and possess property of every kind, and to pursue and

obtain happiness and safety . . . the right to pass through or reside in any

other state, for the purposes of trade, agriculture, professional pursuits or

otherwise; to claim the benefit of the writ of habeas corpus; to bring

lawsuits; to take, hold, and dispose of property . . .

2. But NOT civil/political rights. Don’t get all the rights that belong to

citizens of other states

iii. Moreover, out-of-staters don’t carry their rights into other states

g. The Territories Clause and New Land

i. Louisiana Purchase doubled the size of the US. Was this purchase constitutional?

ii. Biggest battle in the US: whether slavery would be allowed in a new state

h. Interstate Comity

i. The notion that each state has to recognize the judgement of sister states and

apply sister state’s laws to non-state citizens

i. Dred Scott v. Sandford (1857) Taney

i. Questions addressed:

1. Who is a citizen?

2. Does one state have to apply the law of another?

3. Does Congress have plenary power over the territories?

4. What is Congress’ power to admit new states?

5. What is the meaning of the DPC under the 5

and later the 14

am?

ii. Facts: Scott was taken by his masters to free territory up north. Was allowed to

marry there, had a kid on free soil. Old master’s widow demanded them back.

Missouri state court upheld their slavery. He sues for his freedom since he had

traveled up North into free land

iii. Holding #1: Dred Scott is not a citizen of Missouri. Not a citizen → no SMJ

through diversity jurisdiction → not entitled to sue (OSP)

1. Taney says he’s not a citizen of any state b/c a slave cannot be a citizen

of the US

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Outline – Constitutional Law II – DeGirolami – DR I. Article IV Federalism: The Relationship of the States to Each Other and the Nation as a Whole a. Theme 1: The Conflict of Government Powers and Individual Rights i. Variation 1 on Theme 1: Inter-branch conflict ii. Variation 2 on Theme 1: The Conflict of Federalism b. Theme 2: Who Decides? i. The issue is not what the correct outcome is, but who should be tasked with making it. ii. In Constitutional Law II, we deal primarily with individual rights. Individual rights are protected by separation of powers and federalism (remember Printz?). But they are also protected by the Bill of Rights and the Amendments that followed. iii. Who should be the primary guardian of the people’s rights? The courts? Congress? The President? iv. If the Constitution does not protect a right, who should be responsible for taking the initiative to make new constitutional rights? The courts? Congress? The President? 1. None of the above? What about Article V? That is the textual provision involving the creation of new rights. c. Article IV: Interstate Comity i. Full Faith and Credit Clause (s.1): “Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State….” 1. Deals w/ judgements from sister states. Ensures that any judgement in one state will be respected by another, union as to legal judgements ii. Privileges AND Immunities Clause (s.2): “The Citizens of each State ...
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