Judicial Review Federalism Constitution

JUDICIAL REVIEW, FEDERALISM, AND THE

CONSTITUTION

JUDICIAL REVIEW, FEDERALISM, AND THE

CONSTITUTIONDr. Michelle D. DeardorffJackson State University

The Hamer InstituteJune 29, 2010

Dr. Michelle D. DeardorffJackson State University

The Hamer InstituteJune 29, 2010

Mississippi American History Standards

Mississippi American History Standards

Explain how and why powers are distributed and shared between national and state governments in the federal system

Recognize the importance of the “rule of law” for the protection of individual rights and the common good

Analyze the political values and principles of American democracy as expressed in basic documents

Assess the importance of certain traits of character in a democracy

Determine origins and resolutions of political conflict in the United States

Explain how and why powers are distributed and shared between national and state governments in the federal system

Recognize the importance of the “rule of law” for the protection of individual rights and the common good

Analyze the political values and principles of American democracy as expressed in basic documents

Assess the importance of certain traits of character in a democracy

Determine origins and resolutions of political conflict in the United States

Shared Functions of GovernmentSeparation of Powers


Shared Legislative EXECUTIVE Shared Executive

Functions ADMINISTRATIVE AGENCIES Functions

Shared Executive Shared JudicialFunctions Functions

CONGRESS JUDICIARY

Shared Legislative Functions

Shared Judicial Functions

EXECUTIVE LEGISLATIVE JUDICIARY



QuickTime™ and a decompressor

are needed to see this picture.





Shared Functions of GovernmentFederalism

Shared Functions of GovernmentFederalism

Shared Concurrent

PowersSome

powers are just for

the states

Some powers are just for the national government





The Judiciary in the New Constitution

The Judiciary in the New Constitution

Article III, Section 1The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.

Article III, Section 2The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;-to all Cases affecting Ambassadors, other public ministers and Consuls;- to all Cases of admiralty and maritime Jurisdiction;- to Controversies to which the United States shall be a Party;- to Controversies between two or more States;- between a State and Citizens of another State;-between Citizens of different States;- between Citizens of the same State claiming Land under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.

In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.

The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.

Article III, Section 1The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.

Article III, Section 2The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;-to all Cases affecting Ambassadors, other public ministers and Consuls;- to all Cases of admiralty and maritime Jurisdiction;- to Controversies to which the United States shall be a Party;- to Controversies between two or more States;- between a State and Citizens of another State;-between Citizens of different States;- between Citizens of the same State claiming Land under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.

In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.

The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.

The Federal JudiciaryThe Federal Judiciary




• appoints• approves • decides

Judges Judges cases

• enforces• sets courts decisions jurisdiction

• sets budgets


• appoints• approves • decides

Judges Judges cases

• enforces• sets courts decisions jurisdiction

• sets budgets

Shared Functions of GovernmentThe Judiciary—Article III

PEDAGOGYPEDAGOGY

How can we teach these difficult, yet important concepts, in exciting and engaging ways?

How do we make these theories applicable for students when they confront them in later eras of American History?

The Case Study method as a potential solution

How can we teach these difficult, yet important concepts, in exciting and engaging ways?

How do we make these theories applicable for students when they confront them in later eras of American History?

The Case Study method as a potential solution

Marbury v. MadisonMarbury v. Madison

As you watch this portion of the film, consider how

Chief Justice John Marshall takes advantage of a political

conflict to strengthen the power of the courts among the other three branches.

As you watch this portion of the film, consider how

Chief Justice John Marshall takes advantage of a political

conflict to strengthen the power of the courts among the other three branches.




• appoints • approves • decides

Judges Judges cases

• enforces • sets courts decisions jurisdiction

• sets budgets



Judges Judges cases

• enforces • sets courts decisions jurisdiction

• sets budgets




Judges Judges cases

• enforces • sets courts • judicial decisions jurisdictionreview

• sets budgets



Judges Judges cases

• enforces • sets courts • judicial decisions jurisdictionreview

• sets budgets


Teaching Marbury & Checks and BalancesTeaching Marbury & Checks and Balances

primary documentshttp://www.streetlaw.org//en/Page.Landmark.Marbury.activities.usingdocs.aspx political cartoonshttp://www.streetlaw.org//en/Page.Landmark.Marbury

.activities.cartoon.aspx fictional conversation between Jefferson and Adamshttp://hubpages.com/hub/Marbury-v-Madison-The-First-

Landmark-Supreme-Court-Decision historical reenactment of Marbury casehttp://www.youtube.com/watch?v=rXwTrArJ1zM student-created interpretations of casehttp://www.youtube.com/watch?

v=ICr0Ty2epjE&feature=relatedhttp://www.youtube.com/watch?

v=v4QNeAMHPVs&feature=related

primary documentshttp://www.streetlaw.org//en/Page.Landmark.Marbury.activities.usingdocs.aspx political cartoonshttp://www.streetlaw.org//en/Page.Landmark.Marbury

.activities.cartoon.aspx fictional conversation between Jefferson and Adamshttp://hubpages.com/hub/Marbury-v-Madison-The-First-

Landmark-Supreme-Court-Decision historical reenactment of Marbury casehttp://www.youtube.com/watch?v=rXwTrArJ1zM student-created interpretations of casehttp://www.youtube.com/watch?

v=ICr0Ty2epjE&feature=relatedhttp://www.youtube.com/watch?

v=v4QNeAMHPVs&feature=related

http://www.streetlaw.org//en/Page.Landmark.Marbury.activities.usingdocs.aspx


http://www.streetlaw.org//en/Page.Landmark.Marbury.activities.cartoon.aspx














McCulloch v. MarylandMcCulloch v. Maryland

As you watch this portion of the film,consider how this

evolution of federalism may impact the nation’s

understanding and preservation of slavery.

As you watch this portion of the film,consider how this

evolution of federalism may impact the nation’s

understanding and preservation of slavery.



Teaching FederalismTeaching Federalism

The Roots of Federalismhttp://www.youtube.com/watch?v=PZ_6fiZDNv8&feature=channel

Simulation with primary documentshttp://www.streetlaw.org//en/Page.Landmark.McCulloch.activities.youcall.aspx

Historical Reenactment of McCullochhttp://www.youtube.com/watch?v=r_Ja-4rsB3A

The Roots of Federalismhttp://www.youtube.com/watch?v=PZ_6fiZDNv8&feature=channel

Simulation with primary documentshttp://www.streetlaw.org//en/Page.Landmark.McCulloch.activities.youcall.aspx

Historical Reenactment of McCullochhttp://www.youtube.com/watch?v=r_Ja-4rsB3A

Preamble posterPreamble poster



Mike Wilkins, Preamble, 1987

Federalism and SlaveryFederalism and Slavery

Fugitive Slave Clause of the Constitution

Article 4, §2, ¶ 3

No Person held to Service or Labour in one State, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation therein, be discharged from such Service or Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due.

Found in the portion of the Constitution dealing with interstate relations, Article IV.

Fugitive Slave Clause of the Constitution

Article 4, §2, ¶ 3

No Person held to Service or Labour in one State, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation therein, be discharged from such Service or Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due.

Found in the portion of the Constitution dealing with interstate relations, Article IV.

Federalism and SlaveryFederalism and Slavery

Fugitive Slave Act of 1793

This act1) Imposed on a state the duty to return

fugitives upon official demand,2) Enabled a slave owner to cross state

lines, apprehend the alleged fugitive, and after providing proof to a judge, reclaim and remove the enslaved person.

3) The federal law provided no requirement for due process.

4) Several states enacted state laws prohibiting kidnapping of black citizens or providing the requirement of due process before individuals were forcibly removed from the state.

Fugitive Slave Act of 1793

This act1) Imposed on a state the duty to return

fugitives upon official demand,2) Enabled a slave owner to cross state

lines, apprehend the alleged fugitive, and after providing proof to a judge, reclaim and remove the enslaved person.

3) The federal law provided no requirement for due process.

4) Several states enacted state laws prohibiting kidnapping of black citizens or providing the requirement of due process before individuals were forcibly removed from the state.

Prigg v. Pennsylvania (1842)• first constitutional challenge to the Fugitive

Slave Act of 1793• challenges the constitutionality of

Pennsylvania’s “personal liberty” statute which limited power of slave catchers. Prigg was convicted of the kidnapping of Margaret Morgan and her children by the state of Pennsylvania.

• under principles of federalism-- the federal law is constitutional, a state law in conflict with the statute was impermissible, slave owners can recapture fugitive slaves on their own initiatives and own devices.

• Judicial review was used to find the Pennsylvania law unconstitutional.

Prigg v. Pennsylvania (1842)• first constitutional challenge to the Fugitive

Slave Act of 1793• challenges the constitutionality of

Pennsylvania’s “personal liberty” statute which limited power of slave catchers. Prigg was convicted of the kidnapping of Margaret Morgan and her children by the state of Pennsylvania.

• under principles of federalism-- the federal law is constitutional, a state law in conflict with the statute was impermissible, slave owners can recapture fugitive slaves on their own initiatives and own devices.

• Judicial review was used to find the Pennsylvania law unconstitutional.

Judicial Review, Federalism, and Slavery

ASSESSMENT QUESTIONSASSESSMENT QUESTIONS

What is the historical significance of Marbury v. Madison?

How does the Marshall Court establish the new understanding of federalism?

How does the Marshall Court institutionalize the judiciary?

What is the historical significance of Marbury v. Madison?

How does the Marshall Court establish the new understanding of federalism?

How does the Marshall Court institutionalize the judiciary?

Additional Teaching ResourcesAdditional Teaching Resources

• Teaching with Documents: Constitution Workshop

http://www.archives.gov/education/lessons/constitution-workshop/index.html

• Teaching Landmark Cases of the U.S. Supreme Court

http://www.streetlaw.org//en/Landmark.aspx

• Teaching with Documents: Constitution Workshop


• Teaching Landmark Cases of the U.S. Supreme Court

http://www.streetlaw.org//en/Landmark.aspx







BibliographyBibliography

Clinton, Robert Lowry. 1989. Marbury v. Madison and Judicial Review. University of Kansas Press.

Dewey, Donald O. 1970. Marshall v. Jefferson: The Political Background of Marbury v. Madison. Alfred A. Knopf.

Ellis, Richard L. 2007. Aggressive Nationalism: McCulloch v. Maryland and the Foundation of Federal Authority in the Young Republic. Oxford University Press.

Irons, Peter. 2006. A People’s History of the Supreme Court. Penguin Books.

Lively, Donald F. 1992. The Constitution and Race. Praeger Publishing.

Sloan, Cliff and David McKean. 2009. The Great Decision: Jefferson, Adams, Marshall, and the Battle for the Supreme Court. New York: Public Affairs.

Clinton, Robert Lowry. 1989. Marbury v. Madison and Judicial Review. University of Kansas Press.

Dewey, Donald O. 1970. Marshall v. Jefferson: The Political Background of Marbury v. Madison. Alfred A. Knopf.

Ellis, Richard L. 2007. Aggressive Nationalism: McCulloch v. Maryland and the Foundation of Federal Authority in the Young Republic. Oxford University Press.

Irons, Peter. 2006. A People’s History of the Supreme Court. Penguin Books.

Lively, Donald F. 1992. The Constitution and Race. Praeger Publishing.

Sloan, Cliff and David McKean. 2009. The Great Decision: Jefferson, Adams, Marshall, and the Battle for the Supreme Court. New York: Public Affairs.

Judicial Review Federalism Constitution

Education

Transcript of Judicial Review Federalism Constitution