Constitutional Litigation in the Federal System of Federal and State Courts

Materials for the Course in Federal Courts

Melvyn Zarr (University of Maine School of Law)

2 Three Foundational Ideas 2 Three Foundational Ideas

2.1 1. The Idea of Both Federal and State Constitutional Rights Being Enforceable against State Action 2.1 1. The Idea of Both Federal and State Constitutional Rights Being Enforceable against State Action

Article I, Section 10 of the Constitution

The Federalist, No. 51: “A Double Security” (Madison) (1788)

Madison’s 1789 Proposals

Barron v. Baltimore (1833)

2.2 2. The Idea of a Federal System of Federal Courts and State Courts Functioning to Enforce Federal Constitutional Rights 2.2 2. The Idea of a Federal System of Federal Courts and State Courts Functioning to Enforce Federal Constitutional Rights

Article III of the Federal Constitution

The Federalist, No. 82: “ONE WHOLE” (Hamilton) (1788)

The Importance of Judicial Independence

The Federalist, No. 78; No. 81 (Hamilton) (1788)

2.3 3. The Idea of a Federalism Balance Driving Both the Establishment of Federal Constitutional Rights and Their Enforcement System 2.3 3. The Idea of a Federalism Balance Driving Both the Establishment of Federal Constitutional Rights and Their Enforcement System

The Idea of a Federalism Balance Driving Both the Establishment of Federal Constitutional Rights and Their Enforcement System