CHALLENGES TO THE
CONSTITUTION
ESSENTIAL QUESTIONS:
8: BEGINNING THE NEW NATION: WHAT WERE
THE MAJOR ISSUES AND CHALLENGES
SURROUNDING THE RATIFICATION OF THE
CONSTITUTION?
11: WORLD WARS: WHAT WERE THE MAJOR
POLITICAL, SOCIAL AND ECONOMIC CAUSES
AND EFFECTS OF WWI AND WWII?
LUCINDA EVANS
AIHE PROFESSIONAL DEVELOPMENT
COORDINATOR
Beginning the New Nation: What were the
major issues and challenges surrounding the
ratification of the constitution?
BILL OF RIGHTS
ALIEN AND SEDITION ACTS
COURT CASES
MARBURY V MADISON (1803)
Judicial Review
MCCULLOCH V MARYLAND (1819)
Necessary and Proper Clause
U S. CONSTITUTION
ARTICLE III
THE JUDICIARY
SECTION 1
 The judicial Power of the United States shall be
vested in one supreme Court, and in such inferior
Courts as the Congress may from time to time ordain
and establish. The Judges, both of the supreme and
inferior Courts, shall hold their Offices during good
Behaviour, and shall, at stated Times, receive for
their Services a Compensation, which shall not be
diminished during their Continuance in Office.
SECTION 2: AN EXCERPT
 The judicial Power shall extend to all Cases, in Law and
Equity, arising under this Constitution, the Laws of the
United States, and Treaties made, or which shall be
made, under their Authority;--to Controversies to which
the United States shall be a Party;--to Controversies
between two or more States;-- …
 In all Cases affecting Ambassadors, other public
Ministers and Consuls, and those in which a State shall
be Party, the supreme Court shall have original
Jurisdiction. In all the other Cases before mentioned, the
supreme Court shall have appellate Jurisdiction, both as
to Law and Fact, with such Exceptions, and under such
Regulations as the Congress shall make.
SECTION 3: AN EXCERPT
 Treason against the United States, shall consist only
in levying War against them, or in adhering to their
Enemies, giving them Aid and Comfort. No Person
shall be convicted of Treason unless on the
Testimony of two Witnesses to the same overt Act, or
on Confession in open Court.
 CAN YOU FIND JUDICIAL REVIEW?
MARBURY V MADISON (1803)
 A SUMMARY;
 Election of 1800-No single candidate gets a majority of the
Electoral College votes, leaving the House of Representatives
to decide the winner of the election
 After a great deal of conflict and political shenanigans Thomas
Jefferson, a Democratic Republican(anti-federalist), is given
the win and will become President of the United States on
March 4, 1801
 The outgoing President, John Adams(federalist), was bitter
over his loss to Jefferson and proceeded to rapidly appoint 58
members of his own party to fill government posts created by
Congress
MARBURY V MADISON
 The Conflict
 John Marshall, Adams’ Secretary of State was to "deliver the
commissions," finish the paperwork, and give it to each of the
newly appointed judges.
 Marshall signed and sealed all of the commissions, but failed
to deliver 17 of them to the respective appointees.
 Marshall assumed that his successor James Madison,
Jefferson’s Secretary of State, would finish the job.
 Jefferson told Madison not to deliver some of the
commissions, because he did not want members of the
opposing political party(federalists) to take office.
MARBURY V MADISON
 The Case
William Marbury, who was appointed as Justice of the Peace of
the District of Columbia, did not receive his commission.
 Marbury sued James Madison and asked the Supreme Court of
the United States to issue a court order requiring Madison to
perform his duty and deliver the commission, under the
Judiciary Act of 1789
 The Decision
 Chief Justice John Marshall agreed that Marbury is entitled to
his commission but the court cannot force Madison to deliver
the order because the part of The Judiciary Act of 1789, used to
argue the case, was unconstitutional
 The Marshall court established the idea of Judicial Review
whereby the Supreme Court can review acts of the other
branches of government and determine their constitutionality.

MCCULLOCH V MARYLAND (1819)
 A SUMMARY
 In 1815 President James Madison urged Congress to establish
a Second Bank of the United States, modeled after Hamilton’s
First Bank of the United States created in 1791
 The Second Bank of the United States was authorized by
Congress in 1816 and many branches were opened in the
individual states against a great deal of opposition
 Many states felt that the Second Bank of the United States
within their borders was an over reach on the part of the
Federal Government
MCCULLOCH V MARYLAND
 THE CONFLICT
 Maryland passed a law requiring non-state banks to pay a
$15,000.00 yearly tax in order to operate in the state
 James McCulloch, cashier of the Baltimore branch of the Bank
of the United States, refused to pay the tax.
 Maryland took McCulloch to court and convicted him of not
paying the tax and ordering payment of a $2,500.00 fine
MCCULLOCH V MARYLAND
 THE CASE
 Maryland’s lawyer, Luther Martin, argued that since the
Federal Government could regulate state banks then states
could regulate Federal Banks
 Daniel Webster, lawyer for McCulloch, argued that the Federal
government under Congress’ ‘Necessary and Proper’ clause
could establish Federal Banks since many of the powers of the
Federal Government were ‘implied powers’
 THE DECISION
 Establishing a bank is within the Constitutional powers of
Congress under the ‘Necessary and Proper’ clause. Neither
Maryland nor any other state could tax a Federal Institution
World Wars: What were the major political,
social and economic causes and effects of
WWI and WWII?
SCHENCK v UNITED STATES (1919)
‘Free Speech’
KOREMATSU v UNITED STATES (1944)
‘Military Necessity’
SCHENCK V UNITED STATES (1919)
 THE SUMMARY:
 Charles
Schenck, a self proclaimed socialist,
distribute over 20,000 leaflets encouraging
people to ignore the Selective Service Act, ‘The
Draft’
 Schenck
was arrested under a provision of the
Espionage Act of 1917
SCHENCK V UNITED STATES
 THE CASE
 Schenck cited that the notion of public censorship was in direct violation
of his civil liberties allowing him the right to free speech and free
expression
 The Draft was similar to slavery or involuntary servitude, a violation of
the 13th amendment
 THE DECISION
 The Supreme Court distinguished the difference between incendiary
expression and acts – Schenck’s sentiments expressed were indeed
considered to be latent with the prospect of immediate danger, threat,
and harm with regard to the safety and wellbeing of the general
populace(read: you can’t yell fire in a crowded theater)
 The 13th amendment outlaws servitude imposed upon individuals by
threat or by force-the Selective Service Act implied neither and was
therefore constitutional
 Schenck’s conviction by the lower court was upheld
KOREMATSU V UNITED STATES(1944)
 A SUMMARY



Executive Order 9066 issued February 1942 ordering all
citizens of Japanese origin be detained and sent to relocation
camps farther inland from the West Coast
Fred Korematsu, a US citizen of Japanese origin, tried
unsuccessfully to join the military (health issues), and got a job
working in a shipyard in Oakland, California
When Japanese internment began in California, Korematsu
evaded the order and moved to a nearby town. He also had
some facial surgery, changed his name and claimed to be
Mexican-American. He was later arrested and convicted of
violating Exclusion Order No. 34 issued by General DeWitt,
which barred all persons of Japanese descent from the
“military area” of San Leandro, California.
KOREMATSU V UNITED STATES
 THE CASE
 Korematsu’s lawyers argued that neither Congress, nor the
President had the right to relocate citizens as it represented
racial discrimination
 Lawyers for the United States argued for military necessity and
cited cases of espionage on the part of Japanese Americans
 THE DECISION
 In a 6-3 decision the Supreme Court upheld Korematsu’s
arrest and conviction
 The Court adopted a policy of ‘strict scrutiny’ stating that any
law passed that was discriminatory must serve an extremely
important purpose. The court decided the threat of Japanese
espionage met this criteria
THE TASK
 8TH GRADE: What were the major issues and challenges
surrounding the ratification of the constitution?

Marbury v Madison(1803) and McCulloch v Maryland(1819)
 11TH GRADE: What were the major political, social and
economic causes and effects of WWI and WWII

Schenck v United States(1919) and Korematsu v United States(1944)
 IN TEAMS OF 2 OR 3 CREATE POLITICAL CARTOONS
ILLUSTRATING THE SUPREME COURT DECISIONS
WORK SAMPLE
WORK SAMPLE
THE TASK
 8TH GRADE: What were the major issues and challenges
surrounding the ratification of the constitution?

Marbury v Madison(1803) and McCulloch v Maryland(1819)
 11TH GRADE: What were the major political, social and
economic causes and effects of WWI and WWII

Schenck v United States(1919) and Korematsu v United States(1944)
 IN TEAMS OF 2 OR 3 CREATE POLITICAL CARTOONS
ILLUSTRATING THE SUPREME COURT DECISIONS
SOURCES
 CICERO: HISTORY BEYOND THE TEXTBOOK
 LANDMARK CASES.ORG
 THE NATIONAL ARCHIVES: US CONSTITUTION
 http://www.icivics.org/