Constitutional Law: Convention Conflicts & Resolutions

• Study notes on Constitutional Law for Midterm Exam

Constitutional Convention Conflicts

• Representation in Congress was a major issue, pitting large states against small states
• Slavery, and how enslaved people would be counted, was a point of contention
• The balance of power between state and federal governments was debated
• The extent of executive authority and the role of the president were discussed

Proposals to Resolve Disputes

• The Virginia Plan suggested representation based on population, favored by large states
• The New Jersey Plan advocated for equal representation for all states, supported by small states
• The Connecticut Compromise proposed a bicameral legislature with both proportional and equal representation

Resolution of Issues

• The Great Compromise established the Senate (equal representation) and the House (population-based)
• The Three-Fifths Compromise counted enslaved individuals as 3/5 of a person for representation
• The Electoral College was created for presidential elections

Electoral College

• The Electoral College assigns electors to states based on congressional representation
• It was intended to balance popular vote influence and state power
• It has functioned differently over time due to political parties and the winner-takes-all system

Ratification Struggle

• Federalists supported a strong central government
• Anti-Federalists feared government overreach and advocated for a Bill of Rights
• The Federalist Papers argued for ratification, and the Bill of Rights was promised to gain support

Rule of Law

• This is the principle that all individuals, including government officials, must obey the law

Separation of Powers

• This is the division of government into legislative, executive, and judicial branches to prevent tyranny

Checks and Balances

• Each branch can limit the powers of the others (e.g., presidential veto, judicial review)
• Separation of Powers and Checks and Balances are complementary, ensuring no single branch dominates

Limited Government

• Government powers are restricted by law, specifically the Constitution, to protect individual rights

Powers in American Governing System

• Legislative branch makes laws
• Executive branch enforces laws
• Judicial branch interprets laws

Federal Supremacy

• Federal law overrides state laws when they conflict
• The Constitution and laws made are the "supreme law of the land," so this overrides any conflict with states

Representative Democracy

• Key ingredients include free elections, rule of law, separation of powers, and individual rights

Guaranteeing Individual Rights

• The Bill of Rights and later amendments ensure certain freedoms (speech, due process, etc.)

Civilian Control of Military

• The effort to guarantee civilian control of the military was farsighted, as the military remains under elected officials to prevent authoritarian rule

Judicial Review

• The Supreme Court can declare laws unconstitutional
• Established in the case Marbury v. Madison

Structure of Congress

• The Constitution establishes a bicameral legislature consisting of the House and Senate
• The House has 2-year terms
• The Senate has 6-year terms
• There are also residency, citizenship, and age requirements for both

Enumerated Powers of Congress

• These include taxing, regulating commerce, and declaring war
• Congress is restricted from passing ex post facto laws

Necessary and Proper Clause

• This allows Congress to pass laws needed to execute enumerated powers

Speech and Debate Clause

• This protects legislators from lawsuits for official actions in Congress, but only on the floor of Congress

Selection of President

• The President is elected by the Electoral College, not by direct popular vote

Enumerated Powers of President

• These include commander-in-chief, veto power, treaty negotiation, and pardons

Factors Impacting Appointment/Removal Powers

• The Senate confirms appointments
• Removal power varies by position

President's Pardoning Power

• The President can pardon federal crimes except in cases of impeachment or their own crimes

President's Foreign Affairs Powers

• The President can negotiate treaties (Senate ratifies) and appoint ambassadors

U.S. Supreme Court

• The Constitution establishes the Supreme Court as the highest court, but details are left to Congress

Congressional Influence on Court

• Congress can change the number of justices and structure lower courts

Constitutional Amendments

• Proposal requires 2/3 of Congress or state conventions
• Ratification requires 3/4 of state legislatures or conventions

Federal Supremacy Principles

• Federal law is supreme
• No religious test for public office (Article VI)

Ratification Rules for Constitution

• Ratification required approval from 9 of 13 states

Major Amendments to Constitution

• 1st – 10th define the Bill of Rights (freedoms & due process)
• Civil War Amendments relate to abolition and citizenship
• 15th Amendment focuses on voting rights expansions

Supreme Court Acceptance of Cases

• Cases are granted a writ of certiorari if four justices agree (Rule of Four)

Weekly Conference Functions

• Justices meet in private to discuss cases and vote

Assignment of Court Opinions

• The Chief Justice assigns the majority opinion if in the majority
• Justices may negotiate wording

Types of Opinions

• These can be majority, concurring, or dissenting opinions
• Opinions have become longer and more complex over time

Original Intentions

• There is an ongoing debate whether courts should follow the Framers' original meanings or adapt to modern times

Maxims of the Court

• These are legal principles (e.g., "Equal justice under law") used to guide rulings

Justices and Legal Issues

• Justices relies on briefs, oral arguments, and clerks' research

Subject Matter of Supreme Court Cases

• This has changed from property disputes to civil rights, privacy, and tech issues

Investigative Powers of Congress

• Congress can hold hearings, but must follow due process

Scope of Congressional Taxing Power

• Congress has broad taxation power, but it must be uniform and not violate rights

Congressional Tools for Civil Rights Enforcement

• Congress uses legislation (Civil Rights Act), funding conditions, and federal agencies

Limits on Presidential Veto Power

• Congress can override a veto with a 2/3 vote in both houses

Presidential Removal Power

• The President can remove some officials
• Limits exist for independent agencies

Executive Privilege

• This protects confidential executive communications but not against criminal investigations

Two Presidencies Theory

• Presidents have more power in foreign affairs than domestic policy
• Treaties require Senate approval, while executive agreements do not

Congressional Delegation of Rule-Making

• Congress can delegate to agencies, but must provide clear guidelines

Legislative Veto

• This is Congress nullifying executive actions, but it has mostly been ruled unconstitutional

Preemption Doctrine

• Federal law overrides conflicting state laws

Federal Government Dictating Rules

• This occurs through constitutional mandates, funding conditions, and preemption

State Regulation of Goods/Services

• States can regulate commerce unless overridden by federal law

Hypothetical Cases

• Arkansas v. Texas (2025): deals with interstate commerce and state regulations
• Bond v. United States (2025): involves federal overreach and the Tenth Amendment