WVU McLaughlin Constitutional Law

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) Constitutional Law (University Casebook Series)
Supplementary materials	Processes of Constitutional Decisionmaking: Cases and Materials [Connected eBook with Study Center] (Aspen Casebook) Constitutional Law: Principles And Policies (Introduction to Law Series)
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Historical References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