The Supreme Court & The Constitution

The Living Constitution

The Road to the Bill of Rights

The Amendment Process

The Supreme Court & the Amendment Process

The Living ConstitutionThe Living Constitution

In the U.S. the ultimate keeper In the U.S. the ultimate keeper of the constitutional conscience of the constitutional conscience is theis the

a.a. presidentpresidentb.b. CongressCongressc.c. Supreme CourtSupreme Courtd.d. politicianspoliticians

The major tool of the courts in The major tool of the courts in checking the power of other checking the power of other government branches has beengovernment branches has been

a.a. impeachmentimpeachment

b.b. habeas corpushabeas corpus

c.c. judicial reviewjudicial review

d.d. common lawcommon law

The court case that established The court case that established the practice of judicial review the practice of judicial review waswas

a.a. Marbury v. MadisonMarbury v. Madisonb.b. McCulloch v. MarylandMcCulloch v. Marylandc.c. Lochner v. New YorkLochner v. New Yorkd.d. Printz v. United StatesPrintz v. United States

Law that are higher than human Law that are higher than human law is referred to aslaw is referred to as

a.a. statutory lawstatutory law

b.b. universal lawuniversal law

c.c. natural lawnatural law

d.d. constitutional lawconstitutional law

The Bill of Rights refers to the The Bill of Rights refers to the first ____ amendments to the first ____ amendments to the U.S. Constitution.U.S. Constitution.

a.a. twotwob.b. tentenc.c. sevensevend.d. twelvetwelve

The Road to the Bill of Rights

The Articles of The Articles of Confederation: The First Confederation: The First

ConstitutionConstitution Provisions of the Articles Provisions of the Articles

A loose confederation of independent statesA loose confederation of independent states Weak central governmentWeak central government

Shortcomings of the Articles Shortcomings of the Articles Indebtedness and inability to finance its Indebtedness and inability to finance its

activitiesactivities Inability to defend American interests in Inability to defend American interests in

foreign affairsforeign affairs Commercial warfare among the statesCommercial warfare among the states

Convening the Convening the Constitutional ConventionConstitutional Convention

Consensus that a new Constitution Consensus that a new Constitution was desperately neededwas desperately needed

Yet, growing concern by influential Yet, growing concern by influential citizens about democratizing and citizens about democratizing and egalitarian tendenciesegalitarian tendencies

Why the Founders Were Why the Founders Were WorriedWorried

An Excess of Democracy in the StatesAn Excess of Democracy in the States In the mid-1780s, popular conventions were In the mid-1780s, popular conventions were

established to monitor and control the actions of established to monitor and control the actions of state legislators.state legislators.

The Pennsylvania state constitution replaced the The Pennsylvania state constitution replaced the property qualifications as a requirement to vote property qualifications as a requirement to vote with a very small tax.with a very small tax.

The Threat to Property Rights in the The Threat to Property Rights in the StatesStates Popular opinion Popular opinion Stay actsStay acts

Shay’s RebellionShay’s Rebellion

The Constitutional The Constitutional ConventionConvention

By 1787, most of America’s leaders By 1787, most of America’s leaders were convinced that the new nation were convinced that the new nation was in great danger of failing.was in great danger of failing.

Delegates to the Constitutional Delegates to the Constitutional ConventionConvention Wealthy men, well-educatedWealthy men, well-educated Young, but with broad experience in Young, but with broad experience in

American politicsAmerican politics Familiar with the great works of Western Familiar with the great works of Western

philosophy and political sciencephilosophy and political science

Debate Over the Intentions Debate Over the Intentions of the Framersof the Framers

Historian Charles Beard: The framers Historian Charles Beard: The framers were engaged in a conspiracy to were engaged in a conspiracy to protect their personal economic protect their personal economic interests.interests.

Although the reality is surely more Although the reality is surely more complex, broad economic and social-complex, broad economic and social-class motives were likely important.class motives were likely important.

Consensus Among the Consensus Among the 5555 DelegatesDelegates

Agreement that a new constitution must Agreement that a new constitution must replace the the Articles of Confederationreplace the the Articles of Confederation

Support for a substantially strengthened Support for a substantially strengthened national governmentnational government

Concern that a strong national Concern that a strong national government is potentially tyrannicalgovernment is potentially tyrannical

Belief in a republican form of government Belief in a republican form of government based on popular consentbased on popular consent

Desire to insulate government from public Desire to insulate government from public opinion and popular democracyopinion and popular democracy

The Changing Constitution, The Changing Constitution, Democracy, and American Democracy, and American

PoliticsPolitics The Constitution is the basic rule book The Constitution is the basic rule book

for the game of American politics.for the game of American politics. Constitutional rulesConstitutional rules

Apportion power and responsibility among Apportion power and responsibility among governmental branchesgovernmental branches

Define the fundamental nature of relationships Define the fundamental nature of relationships between governmental institutionsbetween governmental institutions

Specify how individuals are to be selected for Specify how individuals are to be selected for officeoffice

Tell how the rules themselves may be changedTell how the rules themselves may be changed

The Struggle to Ratify the The Struggle to Ratify the ConstitutionConstitution

Delegates had been instructed to Delegates had been instructed to propose alterations to the Articles of propose alterations to the Articles of Confederation, but they wrote an Confederation, but they wrote an entirely new Constitution instead.entirely new Constitution instead.

Ratification was a difficult process.Ratification was a difficult process. FederalistsFederalists — — favored ratificationfavored ratification Anti-FederalistsAnti-Federalists — — opposed ratificationopposed ratification

The Compromise with Ratification

Ratification of the U.S. Constitution

State Date VoteDelawareDelaware December 7, 1787 30 - 0Pennsylvania December 12, 1787 46 - 23New Jersey December 18, 1787 38 -

0Georgia January 2, 1788 26 - 0Connecticut January 9, 1788 128 - 0Massachusetts February 6, 1788 187 - 168

*Maryland April 28, 1788 63 - 11South Carolina May 23, 1788 149 - 73 *New Hampshire June 21, 1788 57 - 46 *Virginia June 25, 1788 89 - 79 *New York July 26, 1788 30 - 27 *North Carolina November 21, 1789 194 - 77

*Rhode Island May 29, 1790 34 - 32 *

Proposed Amendments not Proposed Amendments not passed with the Bill of passed with the Bill of

RightsRights Article I – ApportionmentArticle I – Apportionment After the first enumeration required by the first article of After the first enumeration required by the first article of

the Constitution, there shall be one representative for the Constitution, there shall be one representative for every thirty thousand, until the number shall amount to every thirty thousand, until the number shall amount to one hundred, after which the proportion shall be so one hundred, after which the proportion shall be so regulated by Congress, that there shall be not less than regulated by Congress, that there shall be not less than one hundred representatives, nor less than one one hundred representatives, nor less than one representative for every forty thousand persons, until the representative for every forty thousand persons, until the number of representatives shall amount to two hundred; number of representatives shall amount to two hundred; after which the proportion shall be so regulated by after which the proportion shall be so regulated by Congress, that there shall be not less than two hundred Congress, that there shall be not less than two hundred representatives, nor more than one representative for representatives, nor more than one representative for every fifty thousand persons.every fifty thousand persons.

Article II – Congressional pay raisesArticle II – Congressional pay raises No law varying the compensation for the services of the No law varying the compensation for the services of the

Senators and Representatives, shall take effect, until an Senators and Representatives, shall take effect, until an election of Representatives shall have intervened.election of Representatives shall have intervened.

(ratified in 1992 as Twenty-seventh Amendment)(ratified in 1992 as Twenty-seventh Amendment)

The Amendment Process

Proposing AmendmentsProposing Amendments

Ratifying AmendmentsRatifying Amendments

The Time for Ratification of the 27 Amendments to the Constitution

Unsuccessful Amendment Unsuccessful Amendment ProposalsProposals

Over 10,000 consideredOver 10,000 considered 33 were sent to States for ratification, 33 were sent to States for ratification,

includingincluding Child labor amendment in 1924Child labor amendment in 1924 Equal rights amendment in 1972Equal rights amendment in 1972

Others in consideration includeOthers in consideration include A balanced budget amendmentA balanced budget amendment Term limits for House of Reps. And SenatorsTerm limits for House of Reps. And Senators Presidential Line item veto powerPresidential Line item veto power Prohibit flag desecrationProhibit flag desecration

The Supreme Court & The Amendment Process

Instigator and InterpreterInstigator and Interpreter

Five Amendments that overturned Five Amendments that overturned Supreme Court DecisionsSupreme Court Decisions 1111thth overturned Chisholm v. Georgia overturned Chisholm v. Georgia

(1793)(1793) 1313thth overturned Scott v. Sandford (1857) overturned Scott v. Sandford (1857) 1414thth overturned Scott v. Sandford (1857) overturned Scott v. Sandford (1857) 1616thth overturned Pollock v. Farmers’ Loan overturned Pollock v. Farmers’ Loan

& Trust Co. (1895)& Trust Co. (1895) 2626thth overturned Oregon v. Mitchell (1970) overturned Oregon v. Mitchell (1970)

Instigator and InterpreterInstigator and Interpreter

Proposals to overturn Supreme Court Proposals to overturn Supreme Court DecisionsDecisions A human life amendment to overturn Roe A human life amendment to overturn Roe

v. Wade (1973)v. Wade (1973) A school prayer amendment to overturn A school prayer amendment to overturn

Engel v. Vitale (1962) & School District of Engel v. Vitale (1962) & School District of Abington Township v. Schempp (1963)Abington Township v. Schempp (1963)

A flag desecration amendment to A flag desecration amendment to overturn Texas v. Johnson (1989)overturn Texas v. Johnson (1989)

A term limit amendment to overturn U.S. A term limit amendment to overturn U.S. Term Limits v. Thornton (1994)Term Limits v. Thornton (1994)

Court’s Interpretation of Article VCourt’s Interpretation of Article V

Coleman v. Miller (1939)Coleman v. Miller (1939) Now v. Idaho (1982)Now v. Idaho (1982)

Other issue: Constitutional ConventionsOther issue: Constitutional Conventions

Are delegates limited to the Are delegates limited to the amendment under consideration?amendment under consideration? OROR

Are they free to deliberate on any part Are they free to deliberate on any part of the Constitution?of the Constitution?

Coleman v. MillerColeman v. Miller

Docket: 7Citation: 307 U.S. 433

(1939) Petitioner: ColemanRespondent: Miller

Abstract

Oral Argument: April 17-18, 1939

Decision: Monday, June 5, 1939

Issues: the "political question doctrine"

Categories: Article V of the Constitution, Judicial Review

Advocates

Facts of the CaseFacts of the Case In June, 1924, the Congress proposed an amendment In June, 1924, the Congress proposed an amendment

to the Constitution, known as the Child Labor to the Constitution, known as the Child Labor Amendment.Amendment.

In January, 1925, the Legislature of Kansas adopted a In January, 1925, the Legislature of Kansas adopted a resolution rejecting the proposed amendment and a resolution rejecting the proposed amendment and a certified copy of the resolution was sent to the certified copy of the resolution was sent to the Secretary of State of the United States. Secretary of State of the United States.

In January, 1937, a resolution was introduced in the In January, 1937, a resolution was introduced in the Senate of Kansas ratifying the proposed amendment. Senate of Kansas ratifying the proposed amendment.

When the resolution came up for consideration, there When the resolution came up for consideration, there was a 20-20 tie vote. The Lieutenant Governor, the was a 20-20 tie vote. The Lieutenant Governor, the presiding officer of the Senate, cast the tie breaking presiding officer of the Senate, cast the tie breaking vote. vote.

The resolution was later adopted by the House of The resolution was later adopted by the House of Representatives on the vote of a majority of its Representatives on the vote of a majority of its members.members.

QuestionQuestion

Does the Congress of the United States—when Does the Congress of the United States—when proposing for ratification an amendment to the United proposing for ratification an amendment to the United States Constitution pursuant to Article V—have to States Constitution pursuant to Article V—have to specify a deadline within which the state legislatures specify a deadline within which the state legislatures (or conventions held in the states) must act upon the (or conventions held in the states) must act upon the proposed amendment?proposed amendment?

All amendments to the Federal Constitution All amendments to the Federal Constitution are considered pending before the states are considered pending before the states indefinitely unless Congress establishes a indefinitely unless Congress establishes a deadline within which the states must act. deadline within which the states must act. Further, Congress—not the courts—is Further, Congress—not the courts—is responsible for deciding if an amendment responsible for deciding if an amendment has been validly ratified.has been validly ratified.

ConclusionConclusion