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WVU McLaughlin Constitutional Law
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Constitutional Law- McLaughlin
Historical References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
