CONSTITUTIONAL ISSUES IN THE NINETEENTH CENTURY

1. CONSTITUTIONAL ISSUES IN THE NINETEENTH CENTURY

2. THE CONSTITUTION IN THE 19TH CENTURY • I. The 8th-grade TEKS and the Constitution • II. What do we mean by the Constitution? • Descriptive and prescriptive constitutions • Written and unwritten constitutions • The Constitution is more than the document • Judicial interpretation (constitutional law) • Fundamental institutions and practices • Fundamental understandings about government

3. THE CONSTITUTION IN THE 19TH CENTURY • III. Constitutional Politics • Political parties and constitutional policy • Federalists—strong central government • Jeffersonian Republicans—strict construction, state rights, and religious liberty • Jacksonian Democrats—strict construction and state rights • Whigs—abuse of presidential power, active government to promote economic development and moral reform • Republicans—constitutional liberty, antislavery

4. THE CONSTITUTION IN THE 19TH CENTURY • IV. Key Constitutional Developments • Acceptance of democratic decision-making and the legitimacy of political opposition • Rise of democracy • Judicial review and judicial restraint • Review of federal laws • Article 6 of the Constitution (“Supremacy Clause”) • Section 25, Judiciary Act of 1789 • Marbury v. Madison (1803) • Dred Scott case (1857)

5. THE CONSTITUTION IN THE 19TH CENTURY • V. Key Constitutional Issues • Presidential power • Use of patronage to discipline party • Democrats and a strong presidency • Jackson, Polk, Buchanan, Johnson • Republicans and a strong Congress

6. THE CONSTITUTION IN THE 19th CENTURY • “State Sovereignty”—federal government as the agent of the states • Thomas Jefferson, John C. Calhoun, southern secessionists • “National Supremacy”—broad federal power • Alexander Hamilton, John Marshall, Henry Clay, Daniel Webster, Abraham Lincoln, the Republican party • “State Rights”—”dual sovereignty” and strict construction of federal power • Andrew Jackson, the Democratic party • V. Key Constitutional Issues (cont.) • Federalism and the economy, slavery, Civil War, Reconstruction, industrialization

7. THE CONSTITUTION IN THE 19TH CENTURY • V. Key Constitutional Issues (cont.) • Individual and minority rights • Barron v. Baltimore (1833)—Bill of Rights does not apply to the states • “No State shall” . . . (Art. I, sec. 10) • The Fourteenth Amendment (1868)--“No state shall” abridge the rights of U.S. citizens, or deny any person due process of law or equal protection of the laws • Slaughterhouse Cases (1873)

8. THE CONSTITUTION IN THE 19TH CENTURY • VI. WHO INTERPRETS AND ENFORCES THE CONSTITUTION? CONSTITUTONAL POLITICS VERSUS CONSTITUTIONAL LAW