CHALLENGES TO THE CONSTITUTION

1. CHALLENGES TO THE CONSTITUTION ESSENTIAL QUESTIONS: 8: Beginning the New Nation: What were the major issues and challenges surrounding the ratification of the constitution?11: World Wars: What were the major political, social and economic causes and effects of WWI and WWII? LUCINDA EVANS AIHE PROFESSIONAL DEVELOPMENT COORDINATOR

2. Beginning the New Nation: What were the major issues and challenges surrounding the ratification of the constitution? BILL OF RIGHTS ALIEN AND SEDITION ACTS COURT CASES MARBURY V MADISON (1803) Judicial Review MCCULLOCH V MARYLAND (1819) Necessary and Proper Clause

3. U S. CONSTITUTION ARTICLE III THE JUDICIARY

4. SECTION 1 The judicial Power of the United States shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services a Compensation, which shall not be diminished during their Continuance in Office.

5. SECTION 2:AN EXCERPT The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;--to Controversies to which the United States shall be a Party;--to Controversies between two or more States;-- … In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.

6. SECTION 3: AN EXCERPT Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court. CAN YOU FIND JUDICIAL REVIEW?

7. MARBURY V MADISON (1803) • A SUMMARY; • Election of 1800-No single candidate gets a majority of the Electoral College votes, leaving the House of Representatives to decide the winner of the election • After a great deal of conflict and political shenanigans Thomas Jefferson, a Democratic Republican(anti-federalist), is given the win and will become President of the United States on March 4, 1801 • The outgoing President, John Adams(federalist), was bitter over his loss to Jefferson and proceeded to rapidly appoint 58 members of his own party to fill government posts created by Congress

8. MARBURY V MADISON • The Conflict • John Marshall, Adams’ Secretary of State was to "deliver the commissions," finish the paperwork, and give it to each of the newly appointed judges. • Marshall signed and sealed all of the commissions, but failed to deliver 17 of them to the respective appointees. • Marshall assumed that his successor James Madison, Jefferson’s Secretary of State, would finish the job. • Jefferson told Madison not to deliver some of the commissions, because he did not want members of the opposing political party(federalists) to take office.

9. MARBURY V MADISON • The Case • William Marbury, who was appointed as Justice of the Peace of the District of Columbia, did not receive his commission. • Marbury sued James Madison and asked the Supreme Court of the United States to issue a court order requiring Madison to perform his duty and deliver the commission, under the Judiciary Act of 1789 • The Decision • Chief Justice John Marshall agreed that Marbury is entitled to his commission but the court cannot force Madison to deliver the order because the part of The Judiciary Act of 1789, used to argue the case, was unconstitutional • The Marshall court established the idea of Judicial Review whereby the Supreme Court can review acts of the other branches of government and determine their constitutionality.

10. MCCULLOCH V MARYLAND (1819) • A SUMMARY • In 1815 President James Madison urged Congress to establish a Second Bank of the United States, modeled after Hamilton’s First Bank of the United States created in 1791 • The Second Bank of the United States was authorized by Congress in 1816 and many branches were opened in the individual states against a great deal of opposition • Many states felt that the Second Bank of the United States within their borders was an over reach on the part of the Federal Government

11. MCCULLOCH V MARYLAND • THE CONFLICT • Maryland passed a law requiring non-state banks to pay a $15,000.00 yearly tax in order to operate in the state • James McCulloch, cashier of the Baltimore branch of the Bank of the United States, refused to pay the tax. • Maryland took McCulloch to court and convicted him of not paying the tax and ordering payment of a $2,500.00 fine

12. MCCULLOCH V MARYLAND • THE CASE • Maryland’s lawyer, Luther Martin, argued that since the Federal Government could regulate state banks then states could regulate Federal Banks • Daniel Webster, lawyer for McCulloch, argued that the Federal government under Congress’ ‘Necessary and Proper’ clause could establish Federal Banks since many of the powers of the Federal Government were ‘implied powers’ • THE DECISION • Establishing a bank is within the Constitutional powers of Congress under the ‘Necessary and Proper’ clause. Neither Maryland nor any other state could tax a Federal Institution

13. World Wars: What were the major political, social and economic causes and effects of WWI and WWII? SCHENCK v UNITED STATES (1919) ‘Free Speech’ KOREMATSU v UNITED STATES (1944) ‘Military Necessity’

14. SCHENCK V UNITED STATES (1919) • THE SUMMARY: • Charles Schenck, a self proclaimed socialist, distribute over 20,000 leaflets encouraging people to ignore the Selective Service Act, ‘The Draft’ • Schenck was arrested under a provision of the Espionage Act of 1917

15. SCHENCK V UNITED STATES • THE CASE • Schenckcited that the notion of public censorship was in direct violation of his civil liberties allowing him the right to free speech and free expression • The Draft was similar to slavery or involuntary servitude, a violation of the 13thamendment • THE DECISION • The Supreme Court distinguished the difference between incendiary expression and acts – Schenck’s sentiments expressed were indeed considered to be latent with the prospect of immediate danger, threat, and harm with regard to the safety and wellbeing of the general populace(read: you can’t yell fire in a crowded theater) • The 13th amendment outlaws servitude imposed upon individuals by threat or by force-the Selective Service Act implied neither and was therefore constitutional • Schenck’s conviction by the lower court was upheld

16. KOREMATSU V UNITED STATES(1944) • A SUMMARY • Executive Order 9066 issued February 1942 ordering all citizens of Japanese origin be detained and sent to relocation camps farther inland from the West Coast • Fred Korematsu, a US citizen of Japanese origin, tried unsuccessfully to join the military (health issues), and got a job working in a shipyard in Oakland, California • When Japanese internment began in California, Korematsu evaded the order and moved to a nearby town.  He also had some facial surgery, changed his name and claimed to be Mexican-American.  He was later arrested and convicted of violating Exclusion Order No. 34 issued by General DeWitt, which barred all persons of Japanese descent from the “military area” of San Leandro, California. 

17. KOREMATSU V UNITED STATES • THE CASE • Korematsu’s lawyers argued that neither Congress, nor the President had the right to relocate citizens as it represented racial discrimination • Lawyers for the United States argued for military necessity and cited cases of espionage on the part of Japanese Americans • THE DECISION • In a 6-3 decision the Supreme Court upheld Korematsu’s arrest and conviction • The Court adopted a policy of ‘strict scrutiny’ stating that any law passed that was discriminatory must serve an extremely important purpose. The court decided the threat of Japanese espionage met this criteria

18. THE TASK • 8TH GRADE: What were the major issues and challenges surrounding the ratification of the constitution? • Marbury v Madison(1803) and McCulloch v Maryland(1819) • 11TH GRADE: What were the major political, social and economic causes and effects of WWI and WWII • Schenck v United States(1919) and Korematsu v United States(1944) • IN TEAMS OF 2 OR 3 CREATE POLITICAL CARTOONS ILLUSTRATING THE SUPREME COURT DECISIONS

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21. THE TASK • 8TH GRADE: What were the major issues and challenges surrounding the ratification of the constitution? • Marbury v Madison(1803) and McCulloch v Maryland(1819) • 11TH GRADE: What were the major political, social and economic causes and effects of WWI and WWII • Schenck v United States(1919) and Korematsu v United States(1944) • IN TEAMS OF 2 OR 3 CREATE POLITICAL CARTOONS ILLUSTRATING THE SUPREME COURT DECISIONS

22. SOURCES CICERO: HISTORY BEYOND THE TEXTBOOK LANDMARK CASES.ORG THE NATIONAL ARCHIVES: US CONSTITUTION http://www.icivics.org/