Constitutional Law (Structure of Government) Lecture Series Part One: The Constitution’s Framework and Separation of Powers (Part 1 of 2)

Law School

This lecture explores the foundational framework of the United States Constitution, focusing on the separation of powers among the legislative, executive, and judicial branches. It discusses the key powers and functions of each branch, the system of checks and balances, landmark Supreme Court cases, and contemporary debates surrounding the constitutional framework.

Takeaways

Constitutional law is derived from the United States Constitution.

The Constitution serves as the supreme law of the land.

The separation of powers divides government functions into three branches.

Each branch operates independently but is interconnected through checks and balances.

Congress is the legislative branch closest to the people.

The President has significant powers, including veto authority.

The judiciary interprets the Constitution and federal law.

Judicial review is a key principle established by Marbury v. Madison.

Impeachment serves as a check on federal officials, including the President.

Contemporary debates focus on the efficiency and power dynamics within the government.

Constitutional Law is primarily derived from the United States Constitution. Its fundamental role is to govern the relationships between the branches of government, between the federal government and the states, and between the government and individuals.

The U.S. Constitution was drafted in 1787 and ratified in 1788, taking effect in 1789. It replaced the Articles of Confederation.

The Preamble outlines the foundational purposes and guiding values of the Constitution, such as forming a more perfect union, establishing justice, and securing the blessings of liberty.

The doctrine of separation of powers refers to the division of governmental functions into three distinct branches: the Legislative, Executive, and Judicial branches.

The two chambers of the U.S. Congress are the House of Representatives and the Senate. Article One of the Constitution governs the Legislative Branch.

The Necessary and Proper Clause gives Congress the authority to make all laws which shall be necessary and proper for carrying into execution its enumerated powers. This clause has been a source of debate regarding the scope of federal legislative authority.

Key powers of the President include serving as Commander-in-Chief, making treaties with Senate consent, appointing federal officers and judges, and ensuring that the laws are faithfully executed.

Congress can override a President's veto power by a two-thirds vote in both the House of Representatives and the Senate.

The principle of judicial review was established in Marbury v. Madison. It means that the Supreme Court has the power to interpret the Constitution and federal law and to invalidate laws or executive actions that are inconsistent with the Constitution.

The Supreme Court struck down the legislative veto in INS v. Chadha because it violated the separation of powers by circumventing the constitutional requirements for legislative action, specifically bicameralism (passage by both houses) and presentment (submission to the President).