The Constitution
The U.S.
Constitution
AP Government
& Politics
Unit 1
John Locke
• English philosopher who wrote Two Treatises
on Government in 1690.
– Government a contract between citizens and
rulers.
• Purpose of government:
– to protect rights of life, liberty, and property.
– to create order in society.
– Citizens have right to rebel against government
that does not respect rights of citizens.
– Rulers should stay in power only as long as they
have consent of people they govern.
• John Locke’s writings used as model for Framers
– Especially Jefferson
Articles of
Confederation
– Adopted by Congress
on November 15, 1777,
Articles became
operative on March 1,
1781
– 1st constitution of US
– Did not work very well
Weaknesses of the Articles
•
•
•
•
Could not tax
Could not raise national army
National currency was ineffective
No Regulation of trade between states
•
•
•
No Executive Branch
No Judicial Branch
Unicameral ( 1 house) Congress
–States charged each other tariffs
–9 of 13 votes to pass law
–13 out of 13 states needed to amend.
Representatives frequently absent!
Constitutional Convention
• Philadelphia Convention
(AKA Constitutional
Convention), took place
from May 25 to
September 17, 1787, to
address problems in US
Systems of Government
• In order to understand nature of challenge
before framers, one must first have a grasp
of types of governments from which they
could choose in forming their own.
• http://www.wimp.com/thegovernment/
Constitutional Convention
• Only supposed to
revise Articles
• Many of Convention's
delegates (James
Madison and Alexander
Hamilton) there to
create new government
Constitutional Convention
• Delegates elected
George Washington
to preside over
convention.
• Result=US
Constitution!!!!
http://www.teachingamericanhistory.org/convention/christy/
Virginia Plan
New Jersey Plan
(favored by big states)
(favored by small states)
What decisions
were reached
in the end?
 3 branches – legislative, executive
and judicial.
 3 branches – legislative, executive
and judicial.
 Bicameral (two chambers/
houses) each based on population
(bigger states get more reps)
 Unicameral (one chamber/
house) with equal representation
for each state (no matter the size)
 Lower house would be chosen by
the people of the state; upper
house chosen by state legislatures
 Representatives in the national
legislature would be chosen by their
respective state legislatures.
 Powerful legislature: legislative
branch would choose members of
the executive and judicial branches.
 Legislative branch would choose
members of the executive branch;
executive branch would select
members of judicial branch
New
Jersey
Plan
Virginia
Plan
Compromises reached in the final
(favored by big states)
(favored by small states)
 3 branches – legislative, executive
and judicial.
 3 branches – legislative, executive
and judicial.
draft of the U.S. Constitution

Connecticut
Bicameral (two
chambers/
 Unicameral
chamber/
Compromise
(Great Compromise)
– proposed(one
by Roger
Sherman of
houses)
eachbicameral
based onlegislature:
population
with equal(lower
representation
Connecticut;
House house)
of Representatives
house) based
(bigger
get more
reps) (upper house) with
on states
population,
Senate
persize)
state)
forequal
eachrepresentation
state (no matter(2the
 House
Lowerofhouse
would bechosen
chosen
 Representatives
in(basically,
the national
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byby
eligible
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white
andofSenate
chosen
by state legislatures.
(Now,
all eligible
voters chose
themales)
people
the state;
upper
legislature
would
be chosen
by their
th Amendment gave people right to vote for Senate.)
House and
Senate
house
chosen
bymembers.
the lower17house
respective state legislatures.
 Powerful
legislature:
legislative
 Legislative
branch
Congressional
elections
described above;
Executive branch
ledwould
by one chose
chief
branch
wouldthe
chose
members
members
of the
executive
branch;
executive,
President,
to be of
elected by
electors from
each
state (Electoral
College);
Judicial
branch
(federal
judges) appointed
the President
approved
the
executive
and
judicial
branches.
executivebybranch
wouldand
select
by a majority votemembers
of the Senate
of judicial branch
Virginia Plan
• May 29, 1787: legislature was to
have 2 houses: 1 with members
elected by people for 3-year terms
and other composed of older
leaders elected by state legislatures
for 7-year terms.
• Both would use population as
basis for dividing seats among
states.
New Jersey Plan
Small State Plan/ Patterson Plan
• Counterproposal put forth by
William Patterson
• Offered idea of unicameral
legislature where all states would
have equal number of votes
The Great Compromise
(AKA Connecticut Compromise)
• Framers appointed a committee which recommended a
compromise
• 3 important parts: bicameral Congress with Senate and
House of Representatives.
• Small states received equal representation they desired in
Senate. Large states won control of House which was given
important powers related to taxing and spending.
Bicameralism
• What other reason explains why ELSE
Framers created 2 parts/houses of
Congress?
• Be able to explain!
US Constitution
• Constitution comprises primary law of U.S.
Federal Government and landmark legal
document of US
• Oldest Federal constitution in existence
• Framed by convention of delegates from
12 of 13original states in Philadelphia in
May 1787.
• Describes 3 chief branches and their
jurisdictions.
• Lays out basic rights of citizens
Organization of the
US Constitution
• 7 Articles
• Articles divided into Sections
• Sections divided into Clauses
Example:
I. Article
1. Section
1. Clause
For the Quiz:
Know the Seven Articles!
• Article I
– The Legislative Branch
• Article II
– The Executive Branch
• Article III
– The Judicial Branch
• Article IV
– Relationships among
the States
• Article V
– Amending the
Constitution
• Article VI
– Supreme Law of the
Land
– Debts, Supremacy,
Oaths of Office
• Article VII
– The Ratification
Process
Menu from the
Last Night of the Convention
Light Troop of Horse, September the 14th 1787
To Edwd Moyston .. Dr.
To 55 Gentlemans Dinners & Fruit
Rellishes, Olives etc.......................................
54 Bottles of Madera......................................
60 of Claret ditto..........................................
8 ditto of Old Stock.......................................
22 Bottles of Porter ditto.................................
8 of Cyder ditto.............................................
12 ditto Beer................................................
7 Large Bowels of Punch..................................
Segars Spermacity candles etc.........................
To Decantors Wine Glass [e]s & Tumblers Broken etc.......
To 16 Servants and Musicians Dinners.................................
16 Bottles of Claret........................................
5 ditto Madera...............................................
7 Bouls of Punch............................................
20
20
21
3
2
16
12
4
2
1
2
5
1
2
£89
12
5
6
6
15
8
4
5
2
12
17
16
4
6
6
2
The Federalist Papers
• Essays written in 1787 and 1788 by
James Madison, John Jay, and
Alexander Hamilton under penname
Publius
• Designed to advocate ratification of
new constitution
• “An authoritative but unofficial
explanation of American government
by those who created it.”
Why was the Constitution Framed?
The Roche and Beard Theories
• Charles Beard argued that the
framers who had drafted the
American Constitution acted
more on economic motives than
for abstract ideals (An Economic
Interpretation of the Constitution
of the United States- 1913)
Charles Beard
1874-1948
•John Roche saw the framers as
practical politicians who were
above all nationalists seeking the
necessary compromises to get
agreement among themselves
and from the people.
Important Constitutional
Powers to Know
• Enumerated Powers
– (or delegated or expressed)
• Reserved Powers
• Concurrent Powers
• Implied Powers
• Denied Powers
Federal, State, and Shared Powers
Enumerated Powers
(Expressed or delegated)
Powers given to federal
government
Federal Government can:
 declare war
 provide for national
defense
 establish foreign policy and
conduct diplomacy
 admit new states
 regulate interstate
commerce
 establish postal system
 set standard weights and
measures
 coin money
 *make all laws necessary
and proper for carrying
out delegated powers
*
elastic clause
Concurrent Powers
Powers shared by federal and
state governments
Both federal and state
governments can:
 make and enforce laws
 levy taxes
 borrow money
 charter banks
 establish courts
 provide for public welfare
Reserved Powers
Powers held only by states or
people
They are not listed but include:
 establish and maintain
schools
 establish local governments
 regulate trade within state
 make marriage laws
 assume all other powers
not delegated to national
government or prohibited
to states
Enumerated Powers
(or delegated or expressed)
• Enumerated Powers are given to federal
government
– Congressional powers are found in Article I Section 8
• Enumerate authority granted to Congress.
• Congress may exercise only those powers that
are stated in Constitution, limited by Bill of
Rights and other protections found in
Constitution.
Reserved Powers
• Powers reserved specifically for states or
are of traditionally state scope.
• Police powers (providing fire and police
protection) establishment of health
regulations, licensing, and education(?).
Concurrent Powers
• Held to some extent by both federal
and state governments.
• Both have taxation power, ability to
construct and maintain roads, and other
spending for general welfare.
Implied Powers
• Give branches of government flexibility
when it comes to carrying out express
powers.
– Legislative Branch’s implied powers flow from
Necessary and Proper Clause.
– Executive Branch’s implied powers flow from
powers of Commander-in-Chief, and
Executive's emergency powers.
– Judicial Branch has assumed implied power of
judicial review, as shown in Marbury v.
Madison.
Denied Powers
• Many things are denied of both or either levels
of government.
– States have no authority to coin money or wage war.
– Neither may pass a bill of attainder or any ex post
facto law.
• Bill of Rights applies restrictions to federal
government, but Bill of Rights originally had no
effect of restriction on states.
• However, interpretation of the 14th
Amendment's due process clause has
incorporated much of upholding of civil rights to
states. All of Bill of Rights applies restrictions to
federal government.
Important Clauses of to Know
• Supremacy Clause
• Necessary and Proper Clause
• Commerce Clause
• Contract Clause
• Full Faith and Credit Clause
• Republican Form of Government Clause
Supremacy Clause
• Article VI- "This Constitution, and the Laws of
the United States which shall be made in
Pursuance thereof; and all Treaties made, or
which shall be made, under the Authority of the
United States, shall be the supreme Law of the
Land; and the Judges in every State shall be
bound thereby, any Thing in the Constitution or
Laws of any State to the contrary
notwithstanding….”
• Under the Supremacy Clause, everyone must
follow federal law in face of conflicting state
law.
Necessary and Proper Clause
• Article I- Section 8
– “To make all Laws which shall be necessary and
proper for carrying into Execution the foregoing
Powers and all other Powers vested by this
Constitution in the Government of the United States,
or in any Department or Officer thereof”
• Also known as elastic clause because it can be
used to stretch powers of federal government
• Grants Congress power to enact laws to carry out
“enumerated powers” which are specifically
assigned to federal government.
(Interstate) Commerce Clause
• Article I, Section 8, Clause 3
– "To regulate Commerce with foreign
Nations, and among the several States, and
with the Indian Tribes."
• Direct source of one of most important
powers of federal government
• Strengthens federal power while setting
limitations on state power
Contract Clause
• Article I, Section 10, Clause 1
– No State shall enter into any Treaty, Alliance, or
Confederation; grant Letters of Marque and Reprisal;
coin Money; emit Bills of Credit; make any Thing but
gold and silver Coin a Tender in Payment of Debts;
pass any Bill of Attainder, ex post facto Law, or Law
impairing the Obligation of Contracts, or grant any
Title of Nobility.
• Applies to contracts between private individuals
or contracts made by state government.
– However, if contract endangers health, safety, or
welfare of public, state may regulate or void it.
Full Faith and Credit Clause
• Article IV, Section 1.
– “Full faith and credit shall be given in each state
to the public acts, records, and judicial
proceedings of every other state...
– Section 2. The citizens of each state shall be
entitled to all privileges and immunities of
citizens in the several states.
• Requires each state to recognize judgment
entered in another state
Republican Form of Government
Clause
• Article IV, Section 4
– The United States shall guarantee to every state in this
union a republican form of government, and shall
protect each of them against invasion; and on
application of the legislature, or of the executive
(when the legislature cannot be convened) against
domestic violence
• Insures citizens of each state that their state
governments elect their officials and that
republican standards are followed
Methods of Formally Amending
the Constitution
Part 1. Proposing an Amendment
• 2 ways spelled out in Constitution for
how to propose an amendment.
1. By way of Congress
2. By way of states
• 2nd way
never used.
Methods of Formally Amending the Constitution
Proposal by Congress Method
• The first method is for a bill proposing to
pass both houses of the legislature, by a
two-thirds majority in each.
• This is the route taken by all current
amendments.
– Because of some long outstanding amendments, such as
the 27th, Congress will normally put a time limit
(typically seven years) for the bill to be approved as an
amendment (for example, see the 21st and 22nd).
Methods of Amending the Constitution
Proposal by the States Method
• The second method prescribed is for a
Constitutional Convention to be called by twothirds of the legislatures of the States
• This route has never been taken, and there is
discussion in political science circles about just
how such a convention would be convened, and
what kind of changes it would bring about.
– Either way, (Congress OR State method) the
amendments must be then sent to the states to
be approved by three-fourths of the legislatures
or conventions.
Part 2
Approval/Ratification by the States
• Regardless of which of the two proposal
routes is taken, the amendment must be
ratified, or approved, by three-fourths of
states.
• Once the amendment has passed both
houses, it goes on to the states where ¾ of
states must ratify it
Part 2
Approval/Ratification by the States
• There are two ways to do this, too.
1. Through the state legislatures
2. Or by a state convention.
• Amendments are sent to the
legislatures of the states by default.
• Only one amendment, the 21st,
specified a convention.
• In any case, passage by the legislature or
convention is by simple majority.
To Summarize….
The Constitution, then, spells out four paths for an
amendment:
1. Proposal by convention of states, ratification
by state conventions (never used)
2. Proposal by convention of states, ratification
by state legislatures (never used)
3. Proposal by Congress, ratification by state
conventions (used once- 21st)
4. Proposal by Congress, ratification by state
legislatures (used all other times)
Methods of Informally
“Amending” the Constitution
There are essentially three ways that change
can occur:
1.
Through the courts and judicial review
• Established in Marbury v Madison
2. Through Congress and the elastic clause
•
When federal powers are stretched in new directions
that were not enumerated
3. Through social and cultural change
• Laws, regulations, referendums passed concerning
equality for all; modern ideas…
Bill of Rights
• Some alarmed at omission of
individual liberties in
proposed constitution.
• Bill of Rights satisfied critics
• 1791: became first 10
amendments to Constitution
Practice Constitution Quiz
Articles
I
II
III
IV
V
VI
VII
Amendments
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
For the Quiz:
Know The Bill of Rights!!
(FYI: Quiz has actual wording)
1. Freedom of religion, speech, press, assembly, and petition.
2. Right to keep and bear arms in order to maintain a well
regulated militia.
3. No quartering of soldiers.
4. Freedom from unreasonable searches and seizures.
5. Right to due process of law, freedom from selfincrimination, double jeopardy, eminent domain
6. Rights of accused persons, e.g., right to a speedy and
public trial.
7. Right of trial by jury in civil cases.
8. Freedom from excessive bail, cruel and unusual
punishments.
9. Other rights of the people.
10.Powers reserved to the states.
KEY!
Other Amendments
11 Lawsuit against
States’ Rules
12.Election Rules
13.Slavery Abolished
14.Citizenship Rights
15.Voting Rights
16.Income Tax
17.Direct Election of
Senators
18.Banned Alcohol
Other Amendments
19.Women Suffrage
20.Set Date for Swearing in
Officials
21.Repealed 18th
22.Limited presidential terms
23.DC Residents Voting
24.Voided Poll Tax
25.Presidential Succession
26.Set 18 as Voting Age
27. Addressed Congressional
Raises
– The average soldier fighting in the
Civil War was under age 21
– The right to vote was not granted
nationwide to 18-20 years olds until
the passage of the 26th Amendment
to the Constitution in 1970.
– “If you don’t vote, you can’t
complain.” Do you agree or
disagree? Why?
– Should the government be allowed to
tax people who work but are too
young to vote?
– Is it fair that people can vote at age
18 but can’t purchase or consume
alcohol until age 21?
• Amendment I
– Congress shall make no law respecting an
establishment of religion, or prohibiting the free
exercise thereof; or abridging the freedom of
speech, or of the press; or the right of the people
peaceably to assemble, and to petition the
government for a redress of grievances.
• Amendment II
– A well regulated militia, being necessary to the
security of a free state, the right of the people to
keep and bear arms, shall not be infringed.
• Amendment III
– No soldier shall, in time of peace be quartered in
any house, without the consent of the owner,
nor in time of war, but in a manner to be
prescribed by law.
• Amendment IV
– The right of the people to be secure in their persons,
houses, papers, and effects, against unreasonable searches
and seizures, shall not be violated, and no warrants shall
issue, but upon probable cause, supported by oath or
affirmation, and particularly describing the place to be
searched, and the persons or things to be seized.
• Amendment V
– No person shall be held to answer for a capital, or
otherwise infamous crime, unless on a presentment or
indictment of a grand jury, except in cases arising in the
land or naval forces, or in the militia, when in actual
service in time of war or public danger; nor shall any
person be subject for the same offense to be twice put in
jeopardy of life or limb; nor shall be compelled in any
criminal case to be a witness against himself, nor be
deprived of life, liberty, or property, without due
process of law; nor shall private property be taken for
public use, without just compensation.
• Amendment VI
– In all criminal prosecutions, the accused shall enjoy the
right to a speedy and public trial, by an impartial jury
of the state and district wherein the crime shall have
been committed, which district shall have been
previously ascertained by law, and to be informed of
the nature and cause of the accusation; to be
confronted with the witnesses against him; to have
compulsory process for obtaining witnesses in his favor,
and to have the assistance of counsel for his defense.
• Amendment VII
– In suits at common law, where the value in controversy
shall exceed twenty dollars, the right of trial by jury
shall be preserved, and no fact tried by a jury, shall be
otherwise reexamined in any court of the United States,
than according to the rules of the common law.
• Amendment VIII
– Excessive bail shall not be required, nor
excessive fines imposed, nor cruel and unusual
punishments inflicted.
• Amendment IX
– The enumeration in the Constitution, of certain
rights, shall not be construed to deny or
disparage others retained by the people.
• Amendment X
– The powers not delegated to the United States
by the Constitution, nor prohibited by it to the
states, are reserved to the states respectively, or
to the people.
Amendment XI
The Judicial power of the United States shall not be
construed to extend to any suit in law or equity,
commenced or prosecuted against one of the United States
by Citizens of another State, or by Citizens or Subjects of
any Foreign State.
Amendment XII
The Electors shall meet in their respective states, and vote by
ballot for President and Vice-President, one of whom, at
least, shall not be an inhabitant of the same state with
themselves; they shall name in their ballots the person voted
for as President, and in distinct ballots the person voted for
as Vice-President, and they shall make distinct lists of all
persons voted for as President, and of all persons voted for
as Vice-President…directed to the President of the Senate
•Amendment XIII
Neither slavery nor involuntary servitude, except as a
punishment for crime whereof the party shall have been
duly convicted, shall exist within the United States, or any
place subject to their jurisdiction.
•Amendment XIV
All persons born or naturalized in the United States, and
subject to the jurisdiction thereof, are citizens of the United
States and of the State wherein they reside. No State shall
make or enforce any law which shall abridge the privileges
or immunities of citizens of the United States; nor shall any
State deprive any person of life, liberty, or property,
without due process of law; nor deny to any person within
its jurisdiction the equal protection of the laws.
•Amendment XV
The right of citizens of the United States to vote
shall not be denied or abridged by the United
States or by any State on account of race, color,
or previous condition of servitude.
•Amendment XVI
The Congress shall have power to lay and collect
taxes on incomes, from whatever source derived,
without apportionment among the several States,
and without regard to any census or enumeration
•Amendment XVII
The Senate of the United States shall be composed of two
Senators from each State, elected by the people thereof, for
six years; and each Senator shall have one vote. The electors
in each State shall have the qualifications requisite for electors
of the most numerous branch of the State legislatures
•Amendment XVIII
After one year from the ratification of this article the
manufacture, sale, or transportation of intoxicating liquors
within, the importation thereof into, or the exportation
thereof from the United States and all territory subject to the
jurisdiction thereof for beverage purposes is hereby
prohibited.
Amendment XIX
The right of citizens of the United States to vote shall not be
denied or abridged by the United States or by any State on
account of sex.
Amendment XX
The terms of the President and Vice President shall end at
noon on the 20th day of January, and the terms of Senators
and Representatives at noon on the 3d day of January, of the
years in which such terms would have ended if this article had
not been ratified; and the terms of their successors shall then
begin. , at the time fixed for the beginning of the term of the
President, the President elect shall have died, the Vice
President elect shall become President. If a President shall not
have been chosen before the time fixed for the beginning of
his term, or if the President elect shall have failed to qualify,
then the Vice President elect shall act as President until a
President shall have qualified; and the Congress may by law
provide for the case wherein neither a President elect nor a
Vice President elect shall have qualified, declaring who shall
then act as President, or the manner in which one who is to
act shall be selected, and such person shall act accordingly
until a President or Vice President shall have qualified.
Amendment XXI
The eighteenth article of amendment to the
Constitution of the United States is hereby repealed
Amendment XXII
No person shall be elected to the office of the
President more than twice, and no person who has
held the office of President, or acted as President, for
more than two years of a term to which some other
person was elected President shall be elected to the
office of the President more than once.
Amendment XXIII
The District (of Columbia) constituting the seat of government
of the United States shall appoint in such manner as the
Congress may direct a number of electors of President and
Vice President equal to the whole number of Senators and
Representatives in Congress to which the District would be
entitled if it were a state… they shall be in addition to those
appointed by the states, but they shall be considered, for the
purposes of the election of President and Vice President…
Amendment XXIV
The right of citizens of the United States to vote in any
primary or other election for President or Vice President, for
electors for President or Vice President, or for Senator or
Representative in Congress, shall not be denied or abridged
by the United States or any state by reason of failure to pay
any poll tax or other tax.
Amendment XXV
In case of the removal of the President from office or of his death or
resignation, the Vice President shall become President. Whenever
there is a vacancy in the office of the Vice President, the President
shall nominate a Vice President who shall take office upon
confirmation by a majority vote of both Houses of Congress.
Whenever the President transmits to the President pro tempore of
the Senate and the Speaker of the House of Representatives his
written declaration that he is unable to discharge the powers and
duties of his office, and until he transmits to them a written
declaration to the contrary, such powers and duties shall be
discharged by the Vice President as Acting President. Whenever the
Vice President and a majority of either the principal officers of the
executive departments or of such other body as Congress may by
law provide, transmit to the President pro tempore of the Senate
and the Speaker of the House of Representatives their written
declaration that the President is unable to discharge the powers and
duties of his office, the Vice President shall immediately assume the
powers and duties of the office as Acting President.
Amendment XXVI
The right of citizens of the United States, who
are 18 years of age or older, to vote, shall not be
denied or abridged by the United States or any
state on account of age.
Amendment XXVII
No law varying the compensation for the
services of the Senators and Representatives shall
take effect until an election of Representatives
shall have intervened.
AP Government Case File
• Name of case- Date of Decision
• Facts of Case– What happened, who won
• Importance of Case
– How did the Supreme Court decision impact the law, how we
live, work…
• Unit 1 Case File
– Cases that deal with federalism issues
• All cases address question of:
– “Is the state or the federal government supreme in the area
of…”
• Case files will be checked periodically– No Procrastination!!
Case File
Case and
Date
1. Marbury v
Madison
1803
Facts of
Case
Importance &
Rule of Law
Marbury v. Madison (1803)
• Judiciary Act of 1801 gave president right to
appoint members of judicial branch.
• William Marbury was commissioned justice of
the peace in D.C. by Pres. John Adams in
“midnight appointments” at very end of his
administration.
• When new administration did not deliver
commission, Marbury sued James Madison,
Jefferson’s Secretary of State.
Importance of Case
• Court and Chief Justice John Marshall ruled that
part of Judiciary Act of 1789 was
unconstitutional, thus appointment was voided.
(The BIG winner was Court and Marshall)
• Marbury v Madison (1803)established “judicial
review”.
• Court could declare acts of Congress, and acts of
president unconstitutional if they exceeded
powers granted by Constitution.
Case File
Case and Date
1. Marbury v
Madison ,1803
Facts of Case
Importance &
Rule of Law
Most important John
Midnight judges
Marshall /Supreme Ct.
case;
case;
1800 Pres. Election;
Established judicial
Adams v Jefferson; review- Jud. Branch can
check the Leg. & Exe.
Branch;
Gave Judicial Branch an
equal weight
2. McCulloch v
Maryland, 1819
McCulloch v. Maryland (1819)
• 1791: U.S. government created controversial 1st
national bank.
• Maryland tried to close branch by making branch
pay $15,000 in taxes. James McCulloch, who
worked at Baltimore branch of Bank of US, did
not pay tax. Maryland took him to court.
• Issue #1
– Can there be Bank of the US??
• Issue #2
– Can Maryland tax Bank of the US??
Importance of Case
• Issue #1
– Court said YES
• Issue #2
– Court said NO!
• Chief Justice Marshall not only endorsed constitutionality of
bank, but went to uphold broad interpretation of federal
government's powers under Constitution
• Marshall also noted that Congress possessed unenumerated
powers not explicitly outlined (necessary and proper
clause).
– Cited Supremacy Clause in Article VI Clause 2
Gibbons vs. Ogden (1824)
• Ogden held New York State license
allowing him to operate ferry across
Hudson between NY and NJ
– Gibbons received Federal license and claimed
his license superceded that of Ogden.
– Was the federal license more important than
state license?
Decision and Importance of Case
• Yes!
– Court ruled Gibbon's federal license took
precedence over that of Ogden because
federal government was given power to
regulate interstate trade.
• Why important- Commerce Clause
expanded federal power
• Congressional power to regulate
interstate commerce established.
Fletcher v. Peck (1810)
• John Peck purchased land in GA that was
previously sold under 1795 Land Act.
• New GA administration passed law voiding land
grants made by previous administration (Yazoo
Land Fraud)
• Peck sold land to Robert Fletcher and in 1803
Fletcher brought suit against Peck, claiming he did
not have clear title to land when he sold it.
• Did Fletcher have a case and right to land he
bought from Peck?
Decision and Importance
• Court said YES!
• Marshall ruled that contract had to stand so,
Peck’s original contract was held as valid
interpreting Article I, Sect 10 of Constitution to
forbid states to declare contracts void.
• Importance: Created contract law and
invalidated illegal state laws.
Dartmouth v. Woodward (1815)
• Dartmouth College’s charter was granted by
King George III in 1769.
• 1815: legislature of NH attempted to
invalidate Dartmouth's charter to convert
school from private to public
• Trustees of College objected, and sought to
have act of legislature declared
unconstitutional.
• Who won???
Decision and Importance
• Dartmouth won!
• Decision was in favor of the college, and
invalidated the act of the New Hampshire
legislature and allowed Dartmouth to remain a
private institution.
• Importance: Strengthened the Commerce and
Contract clause and limiting the power of the States
to interfere with private institutions' charters;
protected contracts against specifically state
encroachments.
– More recently it has had the effect of safeguarding
business enterprises from state governments’ dominion.
Barron v. Baltimore (1833)
• Background- John Barron owned a wharf in
the harbor at Baltimore. When municipal
street construction made his wharf too
shallow for most ships to enter, he sued the
city.
• The suit contended that the city’s action
violated the Fifth Amendment, which provides
that private property shall not be taken for
public use without just compensation.
• The legal issue was this: Could the Fifth
Amendment be used to restrain the power of
a state as well as that of the United States?
Importance of Case
• No! Chief Justice John Marshall said that the first
ten amendments restrained only the federal
government not the states constitutions.
– Mr. Barron lost his case against the city
• Citizens civil and political liberties were not
protected from the states according to the case.
• Americans would have to wait 100+ years for this
to change in Gitlow v New York.
Gitlow v NY 1925
– Facts of the Case
• Gitlow, a socialist, was arrested for distributing copies
of a "left-wing manifesto" that called for the
establishment of socialism through strikes and class
action of any form.
• He was convicted under a state criminal anarchy law,
which punished advocating the overthrow of the
government by force.
• However, he did not condone violence or the
overthrowing of the government in the pamplet.
– Question
• Did the New York law violate the free speech clause
of the First Amendment?
Amendment XIV
• All persons born or naturalized in the United
States, and subject to the jurisdiction thereof,
are citizens of the United States and of the State
wherein they reside. No State shall make or
enforce any law which shall abridge the
privileges or immunities of citizens of the
United States; nor shall any State deprive any
person of life, liberty, or property, without due
process of law; nor deny to any person within
its jurisdiction the equal protection of the laws.
Gitlow v NY 1925
– The Court said “Yes!”
– It overturned idea in Barron v Baltimore that
the Bill of Rights can only be applied to the
federal government and incorporated these
rights into the 14th amendment
• Known as Incorporation or selective incorporation
because the courts are selective when using it
– States were now prohibited from “impairing”
citizen’s personal freedoms and Constitutional
rights not just the federal government
• Used 14th Amendment’s “Equal Protection” clause
NLRB vs. Jones Laulfin Steel (1937)
• Jones operated a national-level iron and
steel plant. He was accused of discriminatory
discharges of its employees for their
involvement in union activities.
• He was sued by the National Labor Relations
Board for unlawfully firing his employees.
• Does Congress have the power to enforce
the NLRB regulations at Jones’ business?
Decision and Importance of Case
• The Court said, “Yes!”
– Congress had the power because of the
Commerce Clause.
• …“(the employees’ firings) could have
“immediate and catastrophic effects on
interstate commerce”.
• Set precedence for other businesses
dealing with labor unions who had
to follow federal guidelines.
Heart of Atlanta Motel
vs. United States (1964)
• The Heart of Atlanta motel was a large, 216room motel in Atlanta, GA. which refused
to rent rooms to black patrons.
• The owner of the motel filed suit in federal
court, arguing that the requirements of the
Civil Rights Act exceeded the authority
granted to Congress over interstate
commerce.
Decision and Importance of Case
• The Court said, “NO!”
• Why important?-Interstate commerce
and public accommodations can not be
discriminated
– Used often in Civil Rights cases
Constitution Quiz
•Matching
–7 Articles
–27 Amendments
Colbert on Marbury v Madison
• http://www.colbertnation.com/the-colbertreport-videos/219668/february-242009/cliff-sloan