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WVU McLaughlin Constitutional Law: Difference between revisions
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{{Infobox Class-Specific Outline | |||
| subject = Constitutional Law | |||
| professor = James A. McLaughlin | |||
| school = West Virginia University College of Law | |||
| semester = | |||
| taught_since = | |||
| book_one = Constitutional Law | |||
| book_two = Constitutional Law Sullivan | |||
| book_three = Constitutional Law study materials | |||
| book_four = 073555787X | |||
| related = First Amendment Law | |||
}} | |||
== [[Historical References]] == | == [[Historical References]] == | ||
Latest revision as of 05:36, January 15, 2012
| Constitutional Law | |
| Taught by | James A. McLaughlin |
|---|---|
| School | West Virginia University College of Law |
| Semester(s) taught | |
| Required texts |  Constitutional Law: Principles and Polices (Aspen Treatise) |
| Supplementary materials | ![Image of Processes of Constitutional Decisionmaking: Cases and Materials [Connected eBook with Study Center] (Aspen Casebook)](https://m.media-amazon.com/images/I/41lWebzMyoL._SL160_.jpg "Processes of Constitutional Decisionmaking: Cases and Materials [Connected eBook with Study Center] (Aspen Casebook)") Processes of Constitutional Decisionmaking: Cases and Materials [Connected eBook with Study Center] (Aspen Casebook)
|
| Related course(s) | First Amendment Law |
Historical References
- 1215- Magna Charta -->part of British Constitutional Law
- British only have unwritten Constitution, mainly docs and practices... its meaning is created by Parliament; Parliament has been primarily the House of Commons; There is NO JUDICIAL REVIEW in Britain... the final word/review= Parliament
- 1535- Henry VIII- took English Church out of Roman Church & declared himself head of the English Church
- 1627- Petition of Right–>
- 1689- Bill of Rights–> John Locke
- 1776- Declaration of Independence
- 1781- Articles of Confederation
- 1787- Constitution Convention
Writ of Mandamus
a writ sought by an ordinary citizen who says “the govt has a duty to do something that affects me positively, that I want. The Govt has a clear duty under the law to do it, and I want them to do it.”
Doctrine of Judicial Review
Marbury v. Madison (page 3)
Main Question - Who should decide, who should have the final word, as to the meaning of the Constitution?
ANSWER-Constitution Trumps Act of Congress (which came into being by the Constitution)
- Marshall’s opinion acts as if his opinion is plain meaning, not a question of Interpretation Marshall uses Transparent meanings
- Whenever you have a written Constitution, Judicial Review is a plain meaning concept
