Professor Nazune M. Menka
Class 1 (Jan. 13) – The Authority For Judicial Review
In our first class we will explore the functions and purposes of the constitution. We will also discuss how the Court justifies judicial review of executive and legislative actions, when review is available, and why the Court, in Marbury v. Madison, finds the Judiciary Act of 1789 (Act) unconstitutional.
Questions to consider: Should the Court ever have reached the question of whether the Act was unconstitutional? When may the Court review Executive conduct? Was the Act constitutional? Should the judiciary have the authority to declare Congressional statutes unconstitutional?
Readings: Textbook, pp. 1-9 (Briefing Marbury v. Madison).
Class 2 (Jan. 15) – Judicial Review; Method of Constitutional interpretation
In Class 2, we will wrap up discussion on judicial review and consider what limits exist on federal court authority, beginning with interpretive limits. We will review some of the approaches to constitutional interpretation and apply them to the Second Amendment using the Heller case. Question to consider: Why must the constitution be interpreted?
Readings: Textbook pp. 1-12; pp. 914-29 (Briefing District of Columbia v. Heller)
