1. What is the meaning of a constitution? Unit 2 Seminar Kaplan University Term C Dr. David Thomason

2. What does Constitution mean? Constitutions are supposed to establish the forms, institutions, and limits of government and balance minority and majority interests. Not all function that way. Political scientists study not only what is written but what is actually practiced. The Constitution of the United States, for example, is very short and leaves much unsaid. Its seven articles mostly define the powers of each branch of government; the subsequent 27 amendments broadly define civil rights but leave much open for interpretation.

3. Curious About the Supreme Court? The Supreme Court often finds itself at the center of controversial issues. Why? Why should nine justices, appointed by the President for life, make decisions about many of our cultures, customs, and mores? And how did they get this power?

4. Judicial Review as Legal Power Judicial Review- the ability to of a court to determine whether a particular law or piece of legislation is constitutional. Why is this such an important power for a court to have in the United States? What court in the United States has final authority to rule on the constitutionality of a law? John Marshall- Marbury vs. Madison (1803)- established the authority of the court to determine the constitutionality of laws. The case involves John Adams, James Madison (Sec. of State) and incoming President Thomas Jefferson. John Marshall was Chief Justice at the time and makes a brilliant move. The facts are interesting. The case deserves attention.

5. Judicial Restraint vs. Judicial Activism What is judicial activism? ◦Theory behind it is that the court should actively apply its interpretation to laws and legislation. Often, this means striking down particular laws because they do not fit within the court’s constitutional boundaries. What is judicial restraint? Judicial restraint is the philosophy that it is better to err on the side of the legislature passing laws that violate constitutional principles, than it is to engage in judicial construction of the law.

6. McCulloch v Maryland (1819) Chief Justice John Marshall ruled that in matters of conflict between state and federal law, the federal law prevails. Maryland was trying to tax the Federal Bank in Maryland. The bank clerk, McCulloch, refused to pay the tax. Maryland argued that the Maryland law required the Federal Government to pay and that Congress did not have the authority to create a bank, because it was not expressly written in the constitution. Marshall ruled that Congress did have authority under Article I powers called the “necessary and proper clause” Marshall further ruled that where matters of Federal and State law conflict, Federal law prevails.

7. The Constitution, Court, and Interstate Commerce Who has heard of the term “interstate commerce?” Why is this such an important term for both the U.S. Supreme Court and Congress? Because Congress can regulate activities involved in interstate commerce. But what does that term mean?

8. Interstate Commerce Expansion Beginning with Gibbons v. Ogden (1824) and through today, Congress and the Supreme Court have defined the term interstate commerce. Facts of Gibbons vs. Ogden (1824) ◦Steamboat Case- engaged in purely intrastate steamboat ferry operations. Federal license to operate the steamboats. Our old buddy John Marshall- wrote the opinion that ferry boat operations even within one state are part of interstate commerce. Some people believe that the decision in Gibbons v. Ogden did more to pull the American people into a nation than any other event in the country's history except war. Explain this assertion.

9. The New Deal and Civil Rights The regulation of interstate commerce powers is later expanded to include almost everything involved in American life. This allows Congress to pass a number of pieces of New Deal legislation. It also allows Congress the ability to regulate activities in states when they violate civil rights. Virtually anything is under the interstate commerce powers of Congress today.

10. War Time Powers of Congress and the President Korematsu v. United States (1944) ◦Japanese internment camps ◦Does war suspend the rights of the minoirity?Patriot Act (Supreme Court is hearing portions of the Act now)

11. Free Speech and the Court First Amendment Case: The First Amendment Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech or of the press; or the right of the people to peaceably assemble and to petition the government for a redress of grievances.

12. FREE SPEECH CASES EXAMPLES Tinker vs. Des Moines ISD (1969 ◦Symbolic speech ◦Students wore armbands to school protesting the Vietnam war ◦Texas vs. Johnson (1989)  Flag Burning Case- protected under First Amendment (5-4 decision)

13. Freedom Of Religion First Amendment:Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

14. l962 - ENGEL VS. VITALE New York School Board composes a prayer, instructed each class to use it daily. Prayer is nondenominational. Is it OK? (Supreme Court says no). If not mandatory, just a moment of silence? Swear in President on Bible? In God We Trust on coins? God is dead. National Anthem? Moment of silence?

15. Freedom of Religion l972 - WISCONSIN VS YODER Amish refuse to send kids to school. State law required mandatory education to age 16. Amish argument - state law threatens religious way of life. State's argument - prepares them for adult life Amish - don't need it. State - what if they leave Amish community? (Supreme Court - state law overruled giving an exemption).

16. Freedom Of Religion First Amendment Series of Cases for Your Information on Freedom of Religion http://www.firstamendmentcenter.org/facl ibrary/libraryreligion.aspx?topic=establish ment_clause_supreme_court_cases_topic