Discussion Assignment 1- Issues in Constitutional Law

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Find something in chapters 1-2 which interests you and find a website to share with the class on that issue. 1)  Post an initial discussion posting with an in-depth (approx. 300 words) examination of that issue integrating the text reading and the website you found. 

Here is a list of possible topics for your discussion, but feel free to find a relevant topic on your own.

  • The difference between liberty and democracy
  • The compromises reached at the Constitutional Convention in 1787
  • Ex post facto laws
  • Slavery and the Constitution
  • Rule of Law
    • Separation of Powers
    • Checks and Balances
    • Federalism
    • Supremacy Clause   chapter 1   chapter 2

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Constitutionalism and Rule of Law 1 Constitutional Law: Governmental Powers and Individual Freedoms Second edition Daniel E. Hall and John P. Feldmeier Class Name Instructor Name Date, Semester Constitutions and the Rule of Law • Law – latin lex, legare (to bind) • Constitution – body of fundamental principles by which a nation is governed Foundational Sources Three Distinct Documents: • Declaration of Independence • Articles of Confederation • U.S. Constitution Articles of Confederation • 1781-1789 • Basic structure of a confederation • Problems under the Articles Philadelphia Convention • Delegates to the 1787 meeting • Nature of the debates • Federalists v. Anti-Federalists • The Issue of Slavery Ratification of the Constitution • No need for unanimity among the states. Nine out of thirteen sufficient • Federalist Papers (articles of propaganda) used to convince states to ratify. The Early Court 1789-1800 ❖ Few Cases ❖ A lot of turnover among the justices ❖ Chisholm v. Georgia (1793) effectively overturned by the passage of the 11th Amendment ❖ Generally regarded as the weakest branch The Marshall Court (1801-1836) ❑ More active court ❑ Generally, decisions expanded the power of the federal government ❑ Number of landmark rulings – Marbury v. Madison (1803) – McCulloch v. Maryland (1819) – Gibbons v. Odgen (1824) The Taney Court (1836-1865) ➢ Decisions tended to favor state interests over those of the federal government ➢ Most (in)famous decision • Dred Scott v. Sandford (1856) The Reconstruction Era (1865-1900) ▪ Addressed post-Civil War challenges and early issues of the Industrial Revolution ▪ Limited scope and effect of post-Civil War Amendments ▪ Most notable cases – Plessy v. Ferguson (1896) – Civil Rights Cases (1888) – Santa Clara Co. v. S. Pacific Railroad Co. (1886) Pre-New Deal Era (1900-1937) ❖ Limited government’s ability to regulate business ❖ Developed a theory of “liberty of contract” ❖ Frustrated FDR’s New Deal legislation ❖ Notable Case – Lochner v. New York (1905) The New Deal Era (1937-1953) ❖ Began approving FDR’s New Deal legislation as being constitutional – Moment known as the “Switch in Time that Saved Nine” ❖ Allowed federal government to address conditions brought by the Industrial Revolution and Great Depression ❖ Notable Case – West Coast Hotel v. Parrish (1937) The Warren Court (1953-1969) ❖ Dramatic expansion of civil liberties and individual rights ❖ Noteable Cases – Brown v. Bd. of Education (1954) – Griswold v. Connecticut (1965) – Miranda v. Arizona (1966) The Burger Court (1969-1986) ❖ Continued expansion of individual liberties in some areas – Roe v. Wade (1973) – Expansion of protections against sex-based discrimination ❖ But in other areas more conservative rulings than the Warren Court. The Rehnquist Court (1986-2005) ❖ Also known as the “Republican Era” of the Court – All justices but two appointed by Republican presidents ❖ Many conservative rulings that limited or reversed rulings by the Warren Court ❖ Notable cases – Planned Parenthood v. Casey (1992) – Bush v. Gore (2000) The Roberts Court (2005-Present) ❖Still regarded as a conservative Court ❖Many 5-4 rulings ❖Too new to judge Eighth Amendment’s Other Provisions ❑ Excessive bail provision – Provides that amount of bail cannot be excessive ❑ Excessive Fine provision – Provides that fines cannot be excessive ❑ Supreme Court has yet to formally apply these provisions to the states through the Fourteenth Amendment due process clause – May run afoul of other constitutional standards, including equal protection Dividing Governmental Power 2 Constitutional Law: Governmental Powers and Individual Freedoms Second edition Daniel E. Hall and John P. Feldmeier Class Name Instructor Name Date, Semester Federalism’s Basic Structure National (Federal) Level & State Level Federal Powers Article I Article II Article III Power Reserved the States Tenth Amendment Expansive Powers of the Federal Government ▪ Article I, §8 – Power to coin and borrow money, establish a post office, establish and maintain military forces, promote the arts and sciences, and create immigration laws ▪ Article I, § 8, Clause 3 – Commerce Clause ▪ Article I, § 8, Cl. 18 – Necessary and Proper Clause ▪ Article VI – Supremacy Clause CIVIL WAR AMENDMENTS ➢ Thirteen, Fourteen, and Fifteenth Amendments ➢ Each have “enforcement clauses” allowing Congress to enforce, by appropriate legislation, the provisions of these articles Forms of Federalism ❑Dual ❑Hierarchical ❑Cooperative Dual Federalism ➢ Model of federalism whereby federal government and state governments are coequal sovereigns ➢ Tenth Amendment is read broadly and the supremacy, necessary and proper, and commerce clauses are read narrowly ➢ This model reflected relationship until the early twentieth century Hierarchical Federalism ❖ Model of federalism wherein federal government is model of federalism that asserts that the national government is supreme in the scheme ❖ The supremacy, necessary and proper, and commerce clauses are read expansively, whereas the Tenth Amendment is interpreted as not creating any specific state powers ❖ Tenth Amendment is viewed as a truism, a negative statement of state power Cooperative Federalism ➢ Model of federalism whereby there is increased interaction between the states and national government (and local forms of government) in an effort to effectively regulate and administer law and programs ➢ Examples include the “war on drugs” waged during the Reagan and George Herbert Walker Bush administrations and the “war on terror” waged during the George W. Bush administration Separation of Powers Framers’ objective: limit governmental authority by dividing it (divide and conquer) Basic Constitutional Structure ▪ Article I establishes Congress and sets its authorities – Two chambers -- House of Representatives and Senate ▪ Article II establishes the Presidency and also sets forth its authorities ▪ Article III establishes the Supreme Court and such inferior courts as Congress may establish and sets forth its power (Judicial Power) Checks and Balances Examples within the Constitution: • Congress responsible for making law/Checked by President, who may veto legislation • President can veto legislation/Checked by Congress who can override veto with a two-thirds majority • Congress passes legislation/Checked by the judiciary who can declare void those laws that conflict with the Constitution Checks and Balances, cont. Examples of Checks and Balances • President conducts foreign affairs and negotiates treaties/Senate must ratify treaties • President is the commander-in-chief of the military/Congress can make rules regulating the military and is responsible for declaring war • President nominates federal judges and other governmental officers/Senate confirms the appointments • The Judiciary reviews laws for their constitutionality/ Congress regulates the appellate jurisdiction of the courts Basic Forms of State and Federal law ❖ The United States Constitution – highest form of law ❖ Federal laws or statutes – passed by Congress and found in the United States Code ❖ Treaties – made in tandem with President and Senate ❖ Executive Orders – issued by President as way to governed executive action ❖ Administrative Rules – standards set forth by executive agencies Other forms of law ❖ Common Law – longstanding and traditional doctrines and standards made by judicial authorities that are sometimes used to fill in the gaps of legislation and other legal standards ❖ Judicial Opinions – formal opinions of courts deciding particular legal questions; used with the doctrine of “precedent”
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Awesome! Perfect study aid.

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