1. Constitutionalism and Rule of Law

2. Constitutions and the Rule of Law
Law – latin lex, legare (to bind)
Constitution – body of fundamental principles by which a nation is governed

3. Three Distinct Documents:
Foundational Sources
Three Distinct Documents:
Declaration of Independence
Articles of Confederation
U.S. Constitution

4. Articles of Confederation
Basic structure of a confederation
Problems under the Articles

5. Philadelphia Convention
Delegates to the 1787 meeting
Nature of the debates
Federalists v. Anti-Federalists
The Issue of Slavery

6. 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.

7. 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

8. 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)

9. The Taney Court ( )
Decisions tended to favor state interests over those of the federal government
Most (in)famous decision
Dred Scott v. Sandford (1856)

10. 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)

11. Pre-New Deal Era ( )
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)

12. The New Deal Era ( )
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)

13. The Warren Court ( )
Dramatic expansion of civil liberties and individual rights
Noteable Cases
Brown v. Bd. of Education (1954)
Griswold v. Connecticut (1965)
Miranda v. Arizona (1966)

14. The Burger Court ( )
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.

15. 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)

16. The Roberts Court (2005-Present)
Still regarded as a conservative Court
Many 5-4 rulings
Too new to judge

17. 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