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Constitutionalism and Rule of Law

Constitutionalism and Rule of Law. Constitutions and the Rule of Law. Law – latin lex, legare (to bind) Constitution – body of fundamental principles by which a nation is governed. Foundational Sources . Three Distinct Documents: Declaration of Independence Articles of Confederation

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Constitutionalism and Rule of Law

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

  4. Articles of Confederation • 1781-1789 • 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 Court1789-1800 • 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(1836-1865) • 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(1900-1937) • 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(1937-1953) • 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(1953-1969) • 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(1969-1986) • 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

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