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Class NameInstructor NameDate, Semester

Constitutional Law: Governmental Powers and Individual Freedoms

Second editionDaniel E. Hall and John P. Feldmeier

Constitutionalism and Rule of Law

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 Court1789-1800

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 rulingsToo 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