The Supreme Court

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The Supreme Court The Constitution

• The Living Constitution
• The Road to the Bill of Rights
• The Amendment Process
• The Supreme Court the Amendment Process

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The Living Constitution
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In the U.S. the ultimate keeper of the
constitutional conscience is the

1. president
2. Congress
3. Supreme Court
4. politicians

4
The major tool of the courts in checking the
power of other government branches has been

1. impeachment
2. habeas corpus
3. judicial review
4. common law

5
The court case that established the practice of
judicial review was

1. Marbury v. Madison
2. McCulloch v. Maryland
3. Lochner v. New York
4. Printz v. United States

6
Law that are higher than human law is referred to
as

1. statutory law
2. universal law
3. natural law
4. constitutional law

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The Bill of Rights refers to the first ____
amendments to the U.S. Constitution.

1. two
2. ten
3. seven
4. twelve

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The Road to the Bill of Rights
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The Articles of Confederation The First
Constitution

• Provisions of the Articles
• A loose confederation of independent states
• Weak central government
• Shortcomings of the Articles
• Indebtedness and inability to finance its
  activities
• Inability to defend American interests in foreign
  affairs
• Commercial warfare among the states

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Convening the Constitutional Convention

• Consensus that a new Constitution was desperately
  needed
• Yet, growing concern by influential citizens
  about democratizing and egalitarian tendencies

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Why the Founders Were Worried

• An Excess of Democracy in the States
• In the mid-1780s, popular conventions were
  established to monitor and control the actions of
  state legislators.
• The Pennsylvania state constitution replaced the
  property qualifications as a requirement to vote
  with a very small tax.
• The Threat to Property Rights in the States
• Popular opinion
• Stay acts
• Shays Rebellion

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The Constitutional Convention

• By 1787, most of Americas leaders were convinced
  that the new nation was in great danger of
  failing.
• Delegates to the Constitutional Convention
• Wealthy men, well-educated
• Young, but with broad experience in American
  politics
• Familiar with the great works of Western
  philosophy and political science

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Debate Over the Intentions of the Framers

• Historian Charles Beard The framers were engaged
  in a conspiracy to protect their personal
  economic interests.
• Although the reality is surely more complex,
  broad economic and social-class motives were
  likely important.

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Consensus Among the 55 Delegates

• Agreement that a new constitution must replace
  the the Articles of Confederation
• Support for a substantially strengthened national
  government
• Concern that a strong national government is
  potentially tyrannical
• Belief in a republican form of government based
  on popular consent
• Desire to insulate government from public opinion
  and popular democracy

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The Changing Constitution, Democracy, and
American Politics

• The Constitution is the basic rule book for the
  game of American politics.
• Constitutional rules
• Apportion power and responsibility among
  governmental branches
• Define the fundamental nature of relationships
  between governmental institutions
• Specify how individuals are to be selected for
  office
• Tell how the rules themselves may be changed

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The Struggle to Ratify the Constitution

• Delegates had been instructed to propose
  alterations to the Articles of Confederation, but
  they wrote an entirely new Constitution instead.
• Ratification was a difficult process.
• Federalists favored ratification
• Anti-Federalists opposed ratification
• The Compromise with Ratification

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Ratification of the U.S. Constitution

• State Date Vote
• Delaware December 7, 1787 30 - 0
• Pennsylvania December 12, 1787 46 - 23
• New Jersey December 18, 1787 38 - 0
• Georgia January 2, 1788 26 - 0
• Connecticut January 9, 1788 128 - 0
• Massachusetts February 6, 1788 187 - 168
• Maryland April 28, 1788 63 - 11
• South Carolina May 23, 1788 149 - 73
• New Hampshire June 21, 1788 57 - 46
• Virginia June 25, 1788 89 - 79
• New York July 26, 1788 30 - 27
• North Carolina November 21, 1789 194 - 77
• Rhode Island May 29, 1790 34 - 32

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Proposed Amendments not passed with the Bill of
Rights

• Article I Apportionment
• After the first enumeration required by the first
  article of the Constitution, there shall be one
  representative for every thirty thousand, until
  the number shall amount to one hundred, after
  which the proportion shall be so regulated by
  Congress, that there shall be not less than one
  hundred representatives, nor less than one
  representative for every forty thousand persons,
  until the number of representatives shall amount
  to two hundred after which the proportion shall
  be so regulated by Congress, that there shall be
  not less than two hundred representatives, nor
  more than one representative for every fifty
  thousand persons.
• Article II Congressional pay raises
• No law varying the compensation for the services
  of the Senators and Representatives, shall take
  effect, until an election of Representatives
  shall have intervened.
• (ratified in 1992 as Twenty-seventh Amendment)

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The Amendment Process
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Proposing Amendments
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Ratifying Amendments
The Time for Ratification of the 27 Amendments to
the Constitution
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Unsuccessful Amendment Proposals

• Over 10,000 considered
• 33 were sent to States for ratification,
  including
• Child labor amendment in 1924
• Equal rights amendment in 1972
• Others in consideration include
• A balanced budget amendment
• Term limits for House of Reps. And Senators
• Presidential Line item veto power
• Prohibit flag desecration

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The Supreme Court The Amendment Process
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Instigator and Interpreter

• Five Amendments that overturned Supreme Court
  Decisions
• 11th overturned Chisholm v. Georgia (1793)
• 13th overturned Scott v. Sandford (1857)
• 14th overturned Scott v. Sandford (1857)
• 16th overturned Pollock v. Farmers Loan Trust
  Co. (1895)
• 26th overturned Oregon v. Mitchell (1970)

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Instigator and Interpreter

• Proposals to overturn Supreme Court Decisions
• A human life amendment to overturn Roe v. Wade
  (1973)
• A school prayer amendment to overturn Engel v.
  Vitale (1962) School District of Abington
  Township v. Schempp (1963)
• A flag desecration amendment to overturn Texas v.
  Johnson (1989)
• A term limit amendment to overturn U.S. Term
  Limits v. Thornton (1994)

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Courts Interpretation of Article V

• Coleman v. Miller (1939)
• Now v. Idaho (1982)
• Other issue Constitutional Conventions
• Are delegates limited to the amendment under
  consideration? OR
• Are they free to deliberate on any part of the
  Constitution?

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Coleman v. MillerDocket 7Citation 307 U.S.
433 (1939) Petitioner ColemanRespondent Miller
Advocates
Abstract Oral Argument April 17-18, 1939
Decision Monday, June 5, 1939 Issues the
"political question doctrine" Categories
Article V of the Constitution, Judicial Review
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Facts of the Case

• In June, 1924, the Congress proposed an amendment
  to the Constitution, known as the Child Labor
  Amendment.
• In January, 1925, the Legislature of Kansas
  adopted a resolution rejecting the proposed
  amendment and a certified copy of the resolution
  was sent to the Secretary of State of the United
  States.
• In January, 1937, a resolution was introduced in
  the Senate of Kansas ratifying the proposed
  amendment.
• When the resolution came up for consideration,
  there was a 20-20 tie vote. The Lieutenant
  Governor, the presiding officer of the Senate,
  cast the tie breaking vote.
• The resolution was later adopted by the House of
  Representatives on the vote of a majority of its
  members.

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QuestionDoes the Congress of the United
Stateswhen proposing for ratification an
amendment to the United States Constitution
pursuant to Article Vhave to specify a deadline
within which the state legislatures (or
conventions held in the states) must act upon the
proposed amendment?
Conclusion

• All amendments to the Federal Constitution are
  considered pending before the states indefinitely
  unless Congress establishes a deadline within
  which the states must act. Further, Congressnot
  the courtsis responsible for deciding if an
  amendment has been validly ratified.