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Evolving Constitution Part One
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Articles of Confederation
The Articles of Confederation was a government plan for the original states that had many flaws. However, the flaws are what led to the US Constitution. The flaws include: no power of national taxation, no power to control trade, could not enforce legislation, no direct origin in the people themselves, and could not govern efficiently because of a general lack of power to compel states to honor national obligations. The states were left to fend for themselves (Oak Hill Publishing, n.d.). -
US Constitution
The Articles of Confederation was the first, weak, government as it "did not have the authority to tax the states, settle interstate disputes or effectively support a military" (IAC Publishing, LLC, 2017, p. 1). The inadequacies were apparent; inflation was high, business closures, and loss in farmland. Shay's Rebellion, led by Daniel Shay, a farmer and former army captain, threatened courts and convinced others the Articles needed amended; creating the Constitution (IAC Publishing, LLC, 2017). -
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Early Court
The Early Court was extremely weak in that there were many resignations throughout this time. This era consisted of three Chief Justices; John Jay, John Rutledge, and Oliver Ellsworth. Early Court did not render any significant decisions until Chisholm v. Georgia, 2 U.S. 419 (1793); meaning that states may be held liable in federal court (Hall & Feldmeier, 2012). -
Chisolm v. Georgia
Alexander Chisolm sues the state of Georgia for force payment of claims made against the state. Georgia refuses to appear and the decision is made in favor of the plantiff. Georgia tries to challenge the decision and the court's jurisdiction; bringing about the 11th Amendment. -
11th Amendment
Under this Amendment, states are protected against suits brought from citizens of other states or foreign countries. It is also the first amendment that sought correction or clarification of a Constitutional element. -
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Marshall Court
John Marshall was nominated by President John Adams to be the next chief justice. The Marshall Court is "known for establishing the supremacy of the national government over the state governments" (Hall & Feldmeier, 2012, p. 39). Several important decisions were passed during this time. -
Marbury v. Madison
This case is one of the most important in the Supreme Court history. President Adams appointed new justices of the peace before leaving office. However, their commissions were not delivered under President Jefferson's orders. James Madison, the Secretary of State, did not deliver them. William Marbury, an appointee, petitioned court for a legal order to show why he should not get his commission. Through judicial review, Marbury lost his commission. -
McCulloch v. Maryland
Maryland sued James McCulloch, cashier of the branch, for not paying the tax on the bank. McCulloch said the tax was unconstitutional. Maryland won the case. McCulloch appealed to the U.S. Supreme Court. The Court ruled that the Bank of the United States was constitutional but that the Maryland tax was unconstitutional. The Court ruled that Maryland lacked the power to tax the Bank because the laws of the United States trump conflicting state laws. -
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Taney Court
In 1836, Roger Taney took over for John Marshall. During this time, the idea of the Court changed to favoring states' rights from nationalist. Taney exploited the power to side with the states. This means that worked to limit power to federal government. Using this, decisions were made that slaves were property and possessed no rights or privileges under the Constitution. Slavery was considered a local concern, not a national one (Hall & Feldmeier, 2012). -
Dred Scott v. Sandford
The Supreme Court finds in this case that African Americans were not American citizens and could not sue in federal court. The Court also stated that Congress did not have the power to ban slavery. It was also said that slave owners were protected under the Fifth Amendment as slaves were considered property. -
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Reconstruction Era
In 1865, Salmon P. Case becomes chief justice. This era was the reconstruction of the economy following the Civil War. People began to identify more closely with national citizenship rather than their affiliations with the state (Hall & Feldmeier, 2012). President Lincoln works to unite the North and the South through the abolishment of slavery. President Lincoln also worked towards equal rights for African Americans. -
13th Amendment Ratified
This amendment follows the events of the Civil War. It officially ends the institution of slavery. The amendment was necessary to officially end slavery as brought fourth by President Lincoln. -
14th Amendment Ratification
The amendment grants citizenship to anyone born or naturalized in the United States, including former slaves who had just been freed after the Civil War. It forbids any state to deny any person "life, liberty or property, without due process of law" or to "deny to any person within its jurisdiction the equal protection of the laws" (The Library of Congress, n.d., para. 1). -
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Pre-New Deal Era
Four chief justices follow Chase into this era; Morrison Waite, Melville Fuller, Edward White, and William Taft. This era focuses on moving power from the states to the federal government so that it can control intrastate and interstate commerce. The Court was using the Fourteenth Amendment for commerce protection and not the black citizen's rights as it was originally intended (Hall & Feldmeier, 2012). -
Plessy v. Ferguson
In this case, the Supreme Court considered the constitutionality of a law passed in 1890 that provides separate railway carriages for white and colored races. All passenger railways were to provide separate cars for blacks and whites and neither could sit in the others' cars, otherwise there would be penalties for passengers or the railways. The Court found the 14th Amendment did not cover "social rights" and that they 13th Amendment applied to the imposition of slavery. -
Lochner v. New York
The Supreme Court ruled that a law in New York that sets maximum working hours for bakers was unconstitutional. It also stated that the Constitution prohibits states from interfering with most employment contracts because the right to buy and sell labor is a fundamental freedom protected by the Fourteenth Amendment. The decision led to Great Depression laws regulating working conditions. -
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New Deal Era
President Franklin Roosevelt was brought in to fix the nation's economic crisis, thanks to the Great Depression. His plans were created with economic stimulation in mind; which also prompted national governmental regulation of commerce activities. The Courts made many unfavorable decisions that caused President Roosevelt to his "court-packing" plan. The court transforms to different substantive due process and federalism attitudes (Hall & Feldmeier, 2012). -
Railroad Retirement Board v. Alton Railroad
The Supreme Court invalidated the Railroad Pension Act of 1934. The pension plan imposed was not a proper sense a regulation of the activity of interstate transportation. Another opinion was that while agreeing that the retroactive feature of the law violated the Fifth Amendment, it disagreed that Congress exceeded the limits of jurisdiction over interstate commerce when it created the pension system. -
Panama Refining Co. v. Ryan
The Supreme Court ruled that the Roosevelt Administration's prohibition of interstate and foreign trade of petroleum goods was unconstitutional. The Court found that Congress was in violation by giving the President legislative powers without clear guidelines; giving the President large and unchecked powers. -
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Evolving Constitution Part Two
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Warren Court
In 1953, President Eisenhower nominates Earl Warren as the new chief justice. His time in the Court is best known for its decisions protecting individual rights; especially in the field of education. Warren worked to end school segregation and public school prayer. He also worked to enhanced protection of the rights of persons accused of crimes (Hall & Feldmeier, 2012). -
Brown v. Board of Education
The Supreme Court rules that segregation in public schools is unconstitutional. It violates the Equal Protection Clause of the 14th Amendment. This case was created by Oliver Brown, a parent whose child was denied access to white schools. This decision influenced the anti-segregation laws of public schools. -
Bailey v. Patterson
The Supreme Court ruled that segregation of interstate or intrastate transportation was unconstitutional. Students riding the bus to school were not to be segregated. The decision was another part in the anti-segregation movement of public schools (education). -
Griswold v. Connecticut
The Supreme Court found that a state's ban on the use of contraceptives violated the right to marital privacy. A Connecticut law criminalized the encouragement or use of birth control. The Court ruled that the law violated the "right to marital privacy" and could not be enforced against married people. -
Elementary and Secondary Act (ESEA)
ESEA funds primary and secondary education with emphasis on high standards and accountability. Funds are authorized for professional development, instructional materials, resources to support educational programs, and the promotion of parental involvement. This act is reauthorized every five years, adding revisions and amendments. -
Katz v. United States
The Supreme Court ruled in favor of Katz, stating that the Police Department and the FBI violated 4th Amendment right, his right to privacy. Despite the use of a public phone to conduct illegal activity, the phone is considered to be private in nature. Unless a government agency has secured probable cause or evidence that points to illegal activity, they are not allowed to listen to phone calls. -
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Burger Court
President Richard Nixon nominates Warren Burger as chief justice in 1969. Burger Court "maintained the status quo, neither disturbing precedent nor engaging in social engineering" (Hall & Feldmeier, 2012, p. 42). Burger Court set precedents for various topics, such as; freedom of speech, rights of women, and rights of racial minorities. Women first joined the Court during this time (Hall & Feldmeier, 2012). -
Roe v. Wade
The Supreme Court ruled it unconstitutional for state law to ban abortions, unless it saves the mother's life. States could not outlaw or regulate any aspect of abortion performed during the first trimester. It could only enact abortion regulations reasonably related to maternal health in the second and third trimesters. Abortion laws could be enacted as long as they protect the life of the fetus only in the third trimester. However, an exception had to be made to protect the life of the mother. -
Nixon v. United States
An investigation surrounding President Nixon and his administration took place (Watergate scandal),revealing a cover-up of a break-in and several other illegal actions. Nixon had installed a taping system that automatically recorded all of his conversations with his advisors. Nixon refuses to release tapes but is ordered to, only they are not to their entirety. The president cannot withhold evidence just because they are the president. Nixon resigns instead of being impeached. -
Education for All Handicapped Children Act (EHA)
Congress enabled this act into public law to ensure that handicapped children in public schools get one free meal each school day and and have just access to an education. Schools who must provide this are those that accept federal funds for operations. The student must have a mental or physical disability. Parents are able to administer complaints to seek equal education opportunities. This act later becomes Individuals with Disabilities Act in 1990 (IDEA) with changes in 2004. -
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Rehnquist Court
In 1986, William Rehnquist moves from associate justice to chief justice. This Court was more conservative than the Court before it; especially in economic and states' rights. Some of the important cases Rehnquist made decisions about included topics such as; abortion rights and Congress' power over commerce (Hall & Feldmeier, 2012). -
United States v. Lopez
The Supreme Court ruled that Congress had exceeded its constitutional authority under the Commerce Clause when it passed a law prohibiting gun possession in local school zones. Alfonso Lopez Jr. was convicted for knowingly possessing a concealed handgun and bullets at his San Antonio high school. The Fifth Circuit Court of Appeals reversed the decision, ruling that the law was beyond the reach of Congress's power under the Commerce Clause. -
United States v. Morrison
The Supreme Court decided that parts of the Violence Against Women Act (VAWA) of 1994 were unconstitutional because they overpower congressional power under the Commerce Clause as well as the 14th Amendment. Congress does not have the authority to enact upon this section. Much of the decision fell from the United States v. Lopez case. -
No Child Left Behind Act (NCLB)
Passed in 2001, NCLB increased the federal role in holding schools responsible for the academic progress of all students. States and schools must focus on increasing student performances among English-language learners, students in special education, and poor and minority children who are under performing and report results based on whole population and "subgroups" as those mentioned above. States must test students in reading and math in grades 3-8 and once in high school.
