SneadConLaw_1942

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Property of Rayner V. Snead 17 West Range University of Va. Class of Constitutional Law F. D. G. Ribble

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1 Sept 16 Constitution is framed with idea of guarnteeing long term principles against sudden gusts of passion. A — It defines executive, legislative, & judicial functions. B. It lays down broad principles of gov't, to which the vast majority of men accept and on which they may act.

Parallel: Constit. Law tied up with history. Warren: "S.C. of U.S. History." Beveridge: "The Life of John Marshall." Fiske: "Critical Period of Amer. History" Bowers: "Jefferson & Hamilton." "The Federalist" — may be used in construing parts of the constitution. Willoughby: "Law of Amer Constit" general survey, not very critical. Cooley: "Constit Limitations"

Footnotes are important.

We start with amending process.

What is the effect of declaring a law unconstit? What happens? A stat. is declared unconstit. & John Doe

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does act which is later declared constit. What effect? Legal [Tende] case — wage law. Stat — 1920 Invalid 1924 M—$10 wk. Valid 1938 Can worker sue for back wages which were first unconstit. then later valid?

Sept 18 Beard — "Economic Interp. of Constit" Idea of this work is that law grows to suit tasks of the people who made it. Law is made step by step adopting itself to precise interests. Beard's idea was that framers of constit. were men of property & they framed constit. to protect property. Thus, "The state shall pass any law impairing the oblig. of contracts." The framers honestly felt this was the way the nation could best prosper. Minor — "Notes on Govt. & States Rights" makes out an excellent case for extension of states rights historically. Practically he doesn't recognize economic events, & such a theory would be ineffective in dealing with "Amer. Steel Corp." or "National Telephone Co." Bryce — "Studies in Democracy" B. Cardozo — "Law & Literature — Selected Ess" "Nature of the Judicial Process"