👩🏾‍⚖️Supreme Court Unit 2 – The Constitution and Judicial Review

Historical Context

• The Constitution was drafted in 1787 during the Philadelphia Convention to replace the Articles of Confederation and establish a stronger federal government
• Framers of the Constitution sought to create a government with checks and balances to prevent any one branch from becoming too powerful (legislative, executive, judicial)
• Ratification of the Constitution required nine out of thirteen states to approve it
  • Federalists supported ratification arguing for a stronger central government (Alexander Hamilton, James Madison, John Jay)
  • Anti-Federalists opposed ratification fearing a powerful central government would threaten individual liberties (Patrick Henry, George Mason)
• The Bill of Rights (first ten amendments) was added in 1791 to address concerns about individual rights and limit federal power
• The Constitution has been amended 27 times since its ratification to adapt to changing times and address societal issues (voting rights, presidential succession, income tax)

Key Constitutional Principles

• Separation of powers divides the federal government into three distinct branches (legislative, executive, judicial) with specific roles and responsibilities
• Checks and balances system allows each branch to limit the powers of the other branches to prevent any one branch from becoming too powerful
  • Examples include the president's veto power, congressional oversight, and judicial review
• Federalism divides power between the federal government and state governments
  • Enumerated powers are specifically granted to the federal government (coining money, declaring war, regulating interstate commerce)
  • Reserved powers are held by the states (education, law enforcement, infrastructure)
• Limited government principle restricts the power of the government and protects individual rights
• Popular sovereignty holds that the government's power is derived from the people who elect representatives to govern on their behalf

Structure of the Constitution

• Preamble states the purpose of the Constitution and goals of the government ("We the People")
• Seven articles outline the framework of the government and division of powers
  • Article I establishes the legislative branch (Congress) and its powers
  • Article II establishes the executive branch (President) and its powers
  • Article III establishes the judicial branch (Supreme Court and lower courts) and its powers
  • Article IV outlines relations between states and the federal government
  • Article V provides the process for amending the Constitution
  • Article VI establishes the Constitution as the supreme law of the land
  • Article VII outlines the ratification process
• Amendments are changes or additions to the Constitution
  • Bill of Rights (first ten amendments) protects individual liberties
  • Subsequent amendments address various issues (slavery, voting rights, presidential succession)

Judicial Review Explained

• Judicial review is the power of the courts to review and invalidate laws and executive actions that violate the Constitution
• Established in the landmark case Marbury v. Madison (1803) where the Supreme Court asserted its power to interpret the Constitution and strike down unconstitutional laws
• Allows the judicial branch to serve as a check on the legislative and executive branches
• Judicial review is not explicitly mentioned in the Constitution but is implied through Article III and the Supremacy Clause
• Scope of judicial review has expanded over time to include federal, state, and local laws and executive actions
• Critics argue that judicial review gives unelected judges too much power and can lead to judicial activism
  • Supporters counter that judicial review is necessary to protect individual rights and prevent government overreach

Landmark Cases

• Marbury v. Madison (1803) established the principle of judicial review
• McCulloch v. Maryland (1819) affirmed the supremacy of federal law over state law and the implied powers of Congress
• Gibbons v. Ogden (1824) established Congress's broad power to regulate interstate commerce
• Dred Scott v. Sandford (1857) ruled that African Americans were not citizens and could not sue in federal court (overturned by 14th Amendment)
• Plessy v. Ferguson (1896) upheld racial segregation under the "separate but equal" doctrine (overturned by Brown v. Board of Education in 1954)
• Brown v. Board of Education (1954) ruled that racial segregation in public schools was unconstitutional
• Gideon v. Wainwright (1963) established the right to legal counsel in criminal cases for defendants who cannot afford an attorney
• Roe v. Wade (1973) established a constitutional right to abortion (overturned by Dobbs v. Jackson Women's Health Organization in 2022)

Constitutional Interpretation Methods

• Originalism interprets the Constitution based on the original understanding at the time of ratification
  • Textualism focuses on the plain meaning of the text
  • Intent-based originalism considers the intentions of the Framers
• Living constitutionalism views the Constitution as a dynamic document that should be interpreted in light of contemporary values and circumstances
• Judicial restraint encourages deference to the elected branches and minimizes judicial intervention
• Judicial activism encourages the courts to play an active role in shaping policy and protecting rights
• Balancing tests weigh competing interests to determine if a law or action is constitutional (strict scrutiny, intermediate scrutiny, rational basis review)
• Stare decisis is the principle of adhering to precedent and only overturning past decisions in exceptional circumstances

Modern Implications

• Judicial review has shaped American society and politics by interpreting the Constitution to address contemporary issues
  • Civil rights (desegregation, voting rights, same-sex marriage)
  • Criminal procedure (right to counsel, search and seizure, death penalty)
  • Privacy rights (abortion, contraception, same-sex relations)
  • First Amendment freedoms (speech, religion, press, assembly)
• Supreme Court decisions have far-reaching impacts on public policy and individual rights
• Confirmation of Supreme Court justices has become increasingly politicized as the Court's composition can shape constitutional interpretation for decades
• Debates over the proper role of the judiciary in a democracy continue to shape political and legal discourse

Controversies and Debates

• Critics argue that judicial review is anti-democratic and allows unelected judges to overturn the will of the people as expressed through elected representatives
• Supporters argue that judicial review is necessary to protect individual rights and prevent tyranny of the majority
• Disagreements over constitutional interpretation methods (originalism vs. living constitutionalism) shape debates over the proper role of the judiciary
• Accusations of judicial activism from both conservatives and liberals when decisions conflict with their political preferences
• Calls for judicial reform include term limits for justices, changes to the nomination and confirmation process, and limiting the Court's jurisdiction
• Controversial decisions can lead to public backlash and attempts to limit the Court's power through constitutional amendments or jurisdiction-stripping laws
• Balancing the need for an independent judiciary with democratic accountability remains an ongoing challenge in American constitutional democracy