Then shape it so that it’s relevant today in settling Constitutional issues Problem Broader than textualism, but possible multiple views from the same theory Textualism – Scalia, Thomas Text is the only subject of inquiry Although the language may be ambiguous, the text gives us something concrete to hold on to Problem Words can change their meaning Interpretivism – Ely Courts can interpret the Constitution when the result can be fairly implied or derived from its language Uses the Constitution as an anchor AND to provide some structure Non-Interpretivism – Grey When we have complex words found in the Constitution we should be open to conceding Fundamental issues in our society are protected by vague phrases and we should concede that SCOTUS relies on norms and other sources Neutral Principles – Frankfurter The courts should interpret the Constitution in complete detachment Look for the most neutral principles Judges should be free from any kind of result oriented jurisprudence Passive Virtues – Judicial Restraint Even when courts have power to act they should be reluctant to do so Legitimacy on the judiciary depends on its restraint It’s better for a complex problem to be solved by the Executive and Legislature working together, than the Judiciary itself Participatory Values When there is a dispute of law, it is best to combine the view of the Judges with that of the Legislature FEDERAL JUDICIAL POWER Limitations on Judicial Review Limitations on Judicial Review Types Textual Exceptions Clause (Congress can limit jurisdiction) Constitutional Limitations Case or Controversy Standing Mootness Ripeness Judicial Limitations Political Question Doctrine TEXTUAL LIMITATIONS - Congressional Control of Federal Jurisdiction Exceptions Clause Gives Congress power to LIMIT the appellate jurisdiction of the Supreme Court
Affidavits stated that the Steel Mills stoppage would immediately jeopardize National Defense Presidents have acted with regards to land in the part and failing to protest means that Congress has acquiesced by not addressing the issue Follows Stewardship Theory The Executive is subject only to the people, and bund to serve them wherever he is not explicitly forbidden by the Constitution Justice View on Inherent/Emergency Presidential Power Black No Inherent Power Douglas No Inherent Power Frankfurter Not Clear Jackson No matter what you call it, President DOES NOT have it Burton Emergency Power in Some situations – Invasion Clark The President DOES have Emergency Power Vinson (3 Others Joined) The President DOES have Emergency Power Possible Holdings?? When Congress has failed to act, the President would be able to exercise Emergency Powers When Congress has expressly or implicitly declined to take a certain course of action, President CANNOT act unless President has independent Constitutional Authority Supported by Majority When Congress has declined to take a certain course of action, the President may NOT take that course of action unless he has his own Constitutional authority, However, he may have emergency powers Controversial Answer since Jackson rejected it CONGRESSIONAL LAWMAKING – Limitations and Responsibilities DELEGATION OF LEGISLATIVE POWER – Non-Delegation Doctrine MISTRETTA v. U.S. Facts The Sentencing Commission was independent and placed in the Judicial Branch under the Sentencing Reform Act of 1984 There was a challenge to the Constitutionality of the act because the power to prescribe sanctions for crimes under the Federal Law belonged to Congress Holding Court upheld sentencing guidelines for Federal Courts promulgated by the U.S. Sentencing Commission Reasoning