👩🏼‍⚖️Courts and Society Unit 4 – Constitutional Interpretation & Judicial Review

Key Constitutional Concepts

• Separation of powers divides the federal government into three branches (legislative, executive, and judicial) with distinct roles and responsibilities to ensure checks and balances
• Federalism is a system of government where power is divided between a central authority and constituent political units (federal government and state governments in the U.S.)
• Due process ensures that the government cannot deprive individuals of life, liberty, or property without fair procedures and safeguards
  • Procedural due process focuses on the fairness of the methods used to deprive someone of life, liberty, or property
  • Substantive due process protects fundamental rights from government interference, even if procedures are followed
• Equal protection under the law, guaranteed by the 14th Amendment, prohibits discrimination and requires the government to treat all individuals equally
• Supremacy Clause (Article VI, Clause 2) establishes that the Constitution, federal laws, and treaties are the "supreme law of the land" and take precedence over state laws and constitutions when there is a conflict

Historical Context of Judicial Review

• Marbury v. Madison (1803) was the landmark Supreme Court case that established the principle of judicial review, which allows courts to determine the constitutionality of laws and executive actions
• The case arose from a political dispute between the outgoing Federalist administration of John Adams and the incoming Democratic-Republican administration of Thomas Jefferson
• Chief Justice John Marshall's opinion in Marbury v. Madison asserted that the Supreme Court had the power to review the constitutionality of acts of Congress and to strike down those that conflicted with the Constitution
• The decision was controversial at the time, as it expanded the power of the judiciary and established the Supreme Court as the ultimate arbiter of the Constitution
• Despite initial resistance, judicial review became an accepted and essential feature of the American legal system, serving as a check on the powers of the legislative and executive branches

Landmark Cases in Constitutional Interpretation

• McCulloch v. Maryland (1819) affirmed the doctrine of implied powers, which allows Congress to enact laws that are "necessary and proper" for carrying out its enumerated powers, and established the supremacy of federal law over state law
• Gibbons v. Ogden (1824) broadly interpreted the Commerce Clause, granting Congress the power to regulate interstate commerce and laying the foundation for expansive federal regulation of the economy
• Plessy v. Ferguson (1896) upheld the constitutionality of racial segregation under the "separate but equal" doctrine, which remained in place until it was overturned by Brown v. Board of Education in 1954
• Korematsu v. United States (1944) upheld the constitutionality of Japanese-American internment during World War II, demonstrating the limits of judicial review in times of national crisis and the need for heightened scrutiny of government actions that infringe upon civil liberties
  • This decision has been widely criticized and is now considered a stain on the Court's history
• Brown v. Board of Education (1954) overturned Plessy v. Ferguson and declared racial segregation in public schools unconstitutional, paving the way for the civil rights movement and demonstrating the Court's ability to adapt its interpretation of the Constitution to changing societal values
• Roe v. Wade (1973) recognized a constitutional right to privacy that encompassed a woman's decision to have an abortion, sparking ongoing debate about the scope of individual rights and the role of the Court in social and moral issues
  • The decision was overturned in Dobbs v. Jackson Women's Health Organization (2022), which held that the Constitution does not protect the right to abortion

Theories of Constitutional Interpretation

• Originalism is a theory that interprets the Constitution based on its original meaning at the time it was adopted, emphasizing the intent of the Framers and the understanding of the ratifying public
  • Textualism, a form of originalism, focuses on the plain meaning of the Constitution's text as understood at the time of ratification
• Living constitutionalism views the Constitution as a dynamic document that should be interpreted in light of evolving societal values, norms, and circumstances
  • This approach allows for greater flexibility in adapting the Constitution to modern challenges and expanding the scope of individual rights
• Purposivism seeks to interpret the Constitution in a way that furthers its underlying purposes and values, such as promoting liberty, ensuring justice, and fostering the general welfare
• Structuralism focuses on the Constitution's overall structure and the relationships it establishes between the branches of government and between the federal and state governments
• Pragmatism emphasizes the practical consequences of constitutional interpretation and seeks to balance competing interests and achieve workable solutions to legal and social problems
• Judicial restraint advocates for a limited role for the judiciary, arguing that courts should defer to the political branches and avoid overturning laws unless they clearly violate the Constitution
• Judicial activism, in contrast, supports a more expansive role for the judiciary in interpreting the Constitution and protecting individual rights, even if it means overturning laws or challenging the actions of the other branches of government

The Supreme Court's Role in Shaping Law

• As the highest court in the United States, the Supreme Court has the final say on the interpretation of the Constitution and the constitutionality of laws and executive actions
• The Court's decisions set precedents that lower courts must follow, ensuring uniformity in the application of federal law throughout the country
• The Court's interpretation of the Constitution can expand or limit the powers of the federal government, as seen in cases like McCulloch v. Maryland (affirming implied powers) and United States v. Lopez (limiting the scope of the Commerce Clause)
• The Court's recognition and protection of individual rights, such as in Brown v. Board of Education (racial equality) and Obergefell v. Hodges (same-sex marriage), can drive social and political change
• The Court's decisions can also shape the balance of power between the federal and state governments, as in cases like Gibbons v. Ogden (federal supremacy in interstate commerce) and Printz v. United States (limits on federal commandeering of state officials)
• The Court's composition and the judicial philosophies of its members can influence the direction of its decisions and the development of constitutional law over time
  • Presidents often seek to appoint justices who share their ideological views, leading to shifts in the Court's jurisprudence as its membership changes

Judicial Review in Practice

• Judicial review is exercised through a variety of legal procedures, including lawsuits challenging the constitutionality of laws or executive actions, appeals of lower court decisions, and petitions for writs of certiorari
• The Supreme Court has discretion over its docket and typically hears cases that involve significant constitutional questions or conflicting interpretations of federal law among lower courts
• In deciding cases, the Court considers the parties' arguments, the Constitution's text, precedents set by earlier decisions, and the practical implications of its rulings
• The Court's opinions, including majority, concurring, and dissenting opinions, explain the reasoning behind its decisions and provide guidance for lower courts and future cases
• The Court's decisions are binding on lower courts and are usually followed by the other branches of government, although there have been instances of resistance or delay in implementation
• Judicial review can be limited by justiciability doctrines, such as standing (requiring plaintiffs to show a concrete injury), mootness (dismissing cases where the controversy has been resolved), and ripeness (requiring cases to be sufficiently developed for adjudication)
• The Court may also decline to rule on the merits of a case by invoking the political question doctrine, which holds that certain issues are better left to the political branches to resolve

Critiques and Controversies

• Critics argue that judicial review gives unelected judges too much power to shape law and policy, undermining democratic accountability and the separation of powers
• Some view judicial activism as a usurpation of the legislative function, with judges effectively creating new laws or rights not explicitly found in the Constitution
• Others contend that judicial restraint can lead to the perpetuation of injustice or the failure to protect individual rights, as in cases like Plessy v. Ferguson or Korematsu v. United States
• The Court's decisions on controversial social and moral issues, such as abortion, affirmative action, and same-sex marriage, have been criticized by both conservatives and liberals as overstepping the bounds of judicial authority or failing to go far enough in protecting rights
• The confirmation process for Supreme Court justices has become increasingly politicized, with partisan battles over nominees' ideological views and the potential impact of their appointments on the Court's direction
• Some argue that life tenure for Supreme Court justices, intended to ensure judicial independence, can lead to a lack of accountability and the entrenchment of outdated views
  • Proposals for reform include term limits, age limits, or a system of regular appointments to ensure a more frequent rotation of justices
• Critics also point to the lack of diversity on the Court, historically dominated by white male justices, as a factor that can limit its understanding of the experiences and perspectives of marginalized groups

Impact on Modern Society

• The Supreme Court's decisions have far-reaching effects on American society, shaping the legal, political, and social landscape for generations
• The Court's interpretation of the Constitution and landmark cases have expanded civil rights and liberties, such as racial equality (Brown v. Board of Education), voting rights (Reynolds v. Sims), and LGBTQ+ rights (Obergefell v. Hodges)
• The Court's decisions have also defined the scope of government power, affecting areas such as federal regulation of the economy (Wickard v. Filburn), environmental protection (Massachusetts v. EPA), and healthcare (National Federation of Independent Business v. Sebelius)
• The Court's rulings on criminal procedure, such as Miranda v. Arizona (requiring police to inform suspects of their rights) and Gideon v. Wainwright (guaranteeing the right to counsel in criminal cases), have shaped the administration of justice and the protection of individual rights in the criminal justice system
• The Court's decisions on freedom of speech, religion, and the press, such as New York Times v. Sullivan (protecting criticism of public officials) and Engel v. Vitale (prohibiting school-sponsored prayer), have defined the boundaries of First Amendment rights in modern society
• The Court's evolving interpretation of the Constitution has also sparked ongoing debates about the role of the judiciary, the proper methods of constitutional interpretation, and the balance between individual rights and government power
• As society continues to face new challenges and controversies, the Supreme Court's exercise of judicial review will remain a crucial factor in shaping the nation's legal and political landscape, adapting the Constitution to the needs and values of a changing world