Supreme Court

👩🏾‍⚖️Supreme Court Unit 2 – The Constitution and Judicial Review

The Constitution, drafted in 1787, established a federal government with checks and balances. It divides power between three branches and between federal and state governments. The Bill of Rights was added to protect individual liberties and limit federal power. Judicial review, established in Marbury v. Madison, allows courts to invalidate unconstitutional laws. This power has shaped American society through landmark cases on civil rights, criminal procedure, and individual freedoms. Debates continue over proper constitutional interpretation and the judiciary's role.

Historical Context

  • The Constitution was drafted in 1787 during the Philadelphia Convention to replace the Articles of Confederation and establish a stronger federal government
  • Framers of the Constitution sought to create a government with checks and balances to prevent any one branch from becoming too powerful (legislative, executive, judicial)
  • Ratification of the Constitution required nine out of thirteen states to approve it
    • Federalists supported ratification arguing for a stronger central government (Alexander Hamilton, James Madison, John Jay)
    • Anti-Federalists opposed ratification fearing a powerful central government would threaten individual liberties (Patrick Henry, George Mason)
  • The Bill of Rights (first ten amendments) was added in 1791 to address concerns about individual rights and limit federal power
  • The Constitution has been amended 27 times since its ratification to adapt to changing times and address societal issues (voting rights, presidential succession, income tax)

Key Constitutional Principles

  • Separation of powers divides the federal government into three distinct branches (legislative, executive, judicial) with specific roles and responsibilities
  • Checks and balances system allows each branch to limit the powers of the other branches to prevent any one branch from becoming too powerful
    • Examples include the president's veto power, congressional oversight, and judicial review
  • Federalism divides power between the federal government and state governments
    • Enumerated powers are specifically granted to the federal government (coining money, declaring war, regulating interstate commerce)
    • Reserved powers are held by the states (education, law enforcement, infrastructure)
  • Limited government principle restricts the power of the government and protects individual rights
  • Popular sovereignty holds that the government's power is derived from the people who elect representatives to govern on their behalf

Structure of the Constitution

  • Preamble states the purpose of the Constitution and goals of the government ("We the People")
  • Seven articles outline the framework of the government and division of powers
    • Article I establishes the legislative branch (Congress) and its powers
    • Article II establishes the executive branch (President) and its powers
    • Article III establishes the judicial branch (Supreme Court and lower courts) and its powers
    • Article IV outlines relations between states and the federal government
    • Article V provides the process for amending the Constitution
    • Article VI establishes the Constitution as the supreme law of the land
    • Article VII outlines the ratification process
  • Amendments are changes or additions to the Constitution
    • Bill of Rights (first ten amendments) protects individual liberties
    • Subsequent amendments address various issues (slavery, voting rights, presidential succession)

Judicial Review Explained

  • Judicial review is the power of the courts to review and invalidate laws and executive actions that violate the Constitution
  • Established in the landmark case Marbury v. Madison (1803) where the Supreme Court asserted its power to interpret the Constitution and strike down unconstitutional laws
  • Allows the judicial branch to serve as a check on the legislative and executive branches
  • Judicial review is not explicitly mentioned in the Constitution but is implied through Article III and the Supremacy Clause
  • Scope of judicial review has expanded over time to include federal, state, and local laws and executive actions
  • Critics argue that judicial review gives unelected judges too much power and can lead to judicial activism
    • Supporters counter that judicial review is necessary to protect individual rights and prevent government overreach

Landmark Cases

  • Marbury v. Madison (1803) established the principle of judicial review
  • McCulloch v. Maryland (1819) affirmed the supremacy of federal law over state law and the implied powers of Congress
  • Gibbons v. Ogden (1824) established Congress's broad power to regulate interstate commerce
  • Dred Scott v. Sandford (1857) ruled that African Americans were not citizens and could not sue in federal court (overturned by 14th Amendment)
  • Plessy v. Ferguson (1896) upheld racial segregation under the "separate but equal" doctrine (overturned by Brown v. Board of Education in 1954)
  • Brown v. Board of Education (1954) ruled that racial segregation in public schools was unconstitutional
  • Gideon v. Wainwright (1963) established the right to legal counsel in criminal cases for defendants who cannot afford an attorney
  • Roe v. Wade (1973) established a constitutional right to abortion (overturned by Dobbs v. Jackson Women's Health Organization in 2022)

Constitutional Interpretation Methods

  • Originalism interprets the Constitution based on the original understanding at the time of ratification
    • Textualism focuses on the plain meaning of the text
    • Intent-based originalism considers the intentions of the Framers
  • Living constitutionalism views the Constitution as a dynamic document that should be interpreted in light of contemporary values and circumstances
  • Judicial restraint encourages deference to the elected branches and minimizes judicial intervention
  • Judicial activism encourages the courts to play an active role in shaping policy and protecting rights
  • Balancing tests weigh competing interests to determine if a law or action is constitutional (strict scrutiny, intermediate scrutiny, rational basis review)
  • Stare decisis is the principle of adhering to precedent and only overturning past decisions in exceptional circumstances

Modern Implications

  • Judicial review has shaped American society and politics by interpreting the Constitution to address contemporary issues
    • Civil rights (desegregation, voting rights, same-sex marriage)
    • Criminal procedure (right to counsel, search and seizure, death penalty)
    • Privacy rights (abortion, contraception, same-sex relations)
    • First Amendment freedoms (speech, religion, press, assembly)
  • Supreme Court decisions have far-reaching impacts on public policy and individual rights
  • Confirmation of Supreme Court justices has become increasingly politicized as the Court's composition can shape constitutional interpretation for decades
  • Debates over the proper role of the judiciary in a democracy continue to shape political and legal discourse

Controversies and Debates

  • Critics argue that judicial review is anti-democratic and allows unelected judges to overturn the will of the people as expressed through elected representatives
  • Supporters argue that judicial review is necessary to protect individual rights and prevent tyranny of the majority
  • Disagreements over constitutional interpretation methods (originalism vs. living constitutionalism) shape debates over the proper role of the judiciary
  • Accusations of judicial activism from both conservatives and liberals when decisions conflict with their political preferences
  • Calls for judicial reform include term limits for justices, changes to the nomination and confirmation process, and limiting the Court's jurisdiction
  • Controversial decisions can lead to public backlash and attempts to limit the Court's power through constitutional amendments or jurisdiction-stripping laws
  • Balancing the need for an independent judiciary with democratic accountability remains an ongoing challenge in American constitutional democracy


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© 2024 Fiveable Inc. All rights reserved.
AP® and SAT® are trademarks registered by the College Board, which is not affiliated with, and does not endorse this website.