Post on 24-Dec-2015
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Federalism and the CourtsJonathan Lagerquist
The Supreme Court building in Washington D.C. The building was completed in 1935
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Federalism
• ”…seeks to limit government by dividing it into two levels, national and state.” (Lowi et al.)
• American federalism not static, but rather constantly evolving
• The federal judiciary is an important actor in determining the nature of federalism
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The Constitution
Scene at the Signing of the Constitution of the United States by Howard Chandler Christy, 1940
• Articles of Confederation (written in 1777 and ratified 1781)
• Constitution written in Philadelphia in 1787
• Three branches• Separation of powers• Checks and balances • Federalism
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The Constitution
• Enumerated powers• 10th Amendment• Necessary and proper clause and implied
powers• The Constitution is a text, and open to
interpretations• Who gets to say what it actually means?
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The federal judiciary
• Article III• Life tenure and guaranteed salaries• Jurisdiction• Congressional control• Appellate jurisdiction• Original jurisdiction
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The early Supreme Court
• John Jay• Advisory opinions• Chisholm v. Georgia (1793)– The 11th Amendment (ratified
1795)
The first Chief Justice of the Supreme Court, John Jay. Served from 1789 to 1795
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The Marshall Court
• John Marshall (1755-1835)• Fourth Chief Justice of the
Supreme Court (1801 -1835)• Made the Court an coequal
branch of government• Enhanced the power of the
national government over the states
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Marbury v. Madison (1803)
Versus
William Marbury, the would-be Justice of the Peace in the District of Columbia
James Madison, the "Father of the Constitution," Jefferson’s Secretary of State, and 4th President of the United States
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Marbury v. Madison (1803)
The Supreme Court building
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The Marshall Court
• Fletcher v. Peck (1810)• Martin v. Hunter's Lessee (1816)• Trustees of Dartmouth College v. Woodward (1819)• McCulloch v. Maryland (1819)– Necessary and proper clause
• Gibbons v. Ogden (1824)– The commerce clause
• Worcester v. Georgia (1832)
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Dred Scott v. Sandford (1857)
Dred Scott, the slave who sued to gain his freedom
Roger Taney, the 5th Chief Justice 1836 to 1864. Know for delivering the worst ruling in the history of the Supreme Court
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Dred Scott v. Sandford
The Missouri Compromise of 1820
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The Civil War, 1861 to 1865
The Confederacy in red
• The Reconstruction amendments:– 13th (1865) Ending
slavery – 14th (1868) Protected
the individual from state action
– 15th (1870) Voting rights
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Early 14th Amendment cases
• The Slaughter-House Cases (1873)• United States v. Cruikshank (1876)• The Civil Rights Cases (1883)• Plessy v. Ferguson (1896)
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The Court and business
• United States v. E. C. Knight Co.(1895)– Sherman Antitrust Act, 1890
• Pollock v. Farmers' Loan & Trust Company (1895)– 16th Amendment
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Due process and a liberty to contract
• The 5th Amendment– “[N]or shall any person . . . be deprived of life,
liberty, or property, without due process of law”• The 14th Amendment– “[N]or shall any State deprive any person of life,
liberty, or property, without due process of law”• Allgeyer v. Louisiana (1897)• Lochner v. New York (1905)– The Lochner era, 1905 to 1937
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The Lochner era
• Muller v. Oregon (1908)• Hammer v. Dagenhart (1918)– commerce clause
• Adkins v. Children's Hospital (1923)• The Great Depression, began in 1929• President Frankin Delano Roosevelt’s New
Deal, 1933 to 1938
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The Court and the New Deal
• "Black Monday,” May 27, 1935• The Judicial Procedures Reform Bill of 1937• West Coast Hotel Co. v. Parrish (1937)• “The switch in time that saved nine”• United States v. Darby Lumber Co. (1941)• Wickard v. Filburn (1942)• United States v. Carolene Products Co.
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The Court and Civil Rights
• Brown v. Board of Education (1954) – Plessy v. Ferguson (1896)
• Incorporation of the Bill of Rights– Barron v. Baltimore (1833) – Gitlow v. New York (1925)
• A right to privacy – Griswold v. Connecticut (1965)– Roe v. Wade (1973)
States with segregated public schools in 1954
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The Court and federalism
• United States v. Lopez (1995)• United States v. Morrison (2000)• City of Boerne v. Flores (1997)– Employment Division v. Smith (1990)– Religious Freedom Restoration Act of 1993– Burwell v. Hobby Lobby Stores, Inc. (2014)
• Citizens United v. FEC (2010)• Shelby County v. Holder (2013)
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Thank you for listening