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Federalism and the Courts Jonathan Lagerquist The Supreme Court building in Washington D.C. The building was completed in 1935 1.

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Presentation on theme: "Federalism and the Courts Jonathan Lagerquist The Supreme Court building in Washington D.C. The building was completed in 1935 1."— Presentation transcript:

1 Federalism and the Courts Jonathan Lagerquist The Supreme Court building in Washington D.C. The building was completed in 1935 1

2 Federalism ”…seeks to limit government by dividing it into two levels, national and state.” (Lowi et al.) American federalism not static, but rather constantly evolving The federal judiciary is an important actor in determining the nature of federalism 2

3 The Constitution Scene at the Signing of the Constitution of the United States by Howard Chandler Christy, 1940 Articles of Confederation (written in 1777 and ratified 1781) Constitution written in Philadelphia in 1787 Three branches Separation of powers Checks and balances Federalism 3

4 The Constitution Enumerated powers 10 th Amendment Necessary and proper clause and implied powers The Constitution is a text, and open to interpretations Who gets to say what it actually means? 4

5 The federal judiciary Article III Life tenure and guaranteed salaries Jurisdiction Congressional control Appellate jurisdiction Original jurisdiction 5

6 The early Supreme Court John Jay Advisory opinions Chisholm v. Georgia (1793) – The 11 th Amendment (ratified 1795) The first Chief Justice of the Supreme Court, John Jay. Served from 1789 to 1795 6

7 The Marshall Court John Marshall (1755-1835) Fourth Chief Justice of the Supreme Court (1801 -1835) Made the Court an coequal branch of government Enhanced the power of the national government over the states 7

8 Marbury v. Madison (1803) Versus William Marbury, the would-be Justice of the Peace in the District of Columbia James Madison, the "Father of the Constitution," Jefferson’s Secretary of State, and 4 th President of the United States 8

9 Marbury v. Madison (1803) The Supreme Court building 9

10 The Marshall Court Fletcher v. Peck (1810) Martin v. Hunter's Lessee (1816) Trustees of Dartmouth College v. Woodward (1819) McCulloch v. Maryland (1819) – Necessary and proper clause Gibbons v. Ogden (1824) – The commerce clause Worcester v. Georgia (1832) 10

11 Dred Scott v. Sandford (1857) Dred Scott, the slave who sued to gain his freedom Roger Taney, the 5 th Chief Justice 1836 to 1864. Know for delivering the worst ruling in the history of the Supreme Court 11

12 Dred Scott v. Sandford The Missouri Compromise of 1820 12

13 The Civil War, 1861 to 1865 The Confederacy in red The Reconstruction amendments: – 13 th (1865) Ending slavery – 14 th (1868) Protected the individual from state action – 15 th (1870) Voting rights 13

14 Early 14 th Amendment cases The Slaughter-House Cases (1873) United States v. Cruikshank (1876) The Civil Rights Cases (1883) Plessy v. Ferguson (1896) 14

15 The Court and business United States v. E. C. Knight Co.(1895) – Sherman Antitrust Act, 1890 Pollock v. Farmers' Loan & Trust Company (1895) – 16th Amendment 15

16 Due process and a liberty to contract The 5 th Amendment – “[N]or shall any person... be deprived of life, liberty, or property, without due process of law” The 14 th Amendment – “[N]or shall any State deprive any person of life, liberty, or property, without due process of law” Allgeyer v. Louisiana (1897) Lochner v. New York (1905) – The Lochner era, 1905 to 1937 16

17 The Lochner era Muller v. Oregon (1908) Hammer v. Dagenhart (1918) – commerce clause Adkins v. Children's Hospital (1923) The Great Depression, began in 1929 President Frankin Delano Roosevelt’s New Deal, 1933 to 1938 17

18 The Court and the New Deal "Black Monday,” May 27, 1935 The Judicial Procedures Reform Bill of 1937 West Coast Hotel Co. v. Parrish (1937) “The switch in time that saved nine” United States v. Darby Lumber Co. (1941) Wickard v. Filburn (1942) United States v. Carolene Products Co. 18

19 The Court and Civil Rights Brown v. Board of Education (1954) – Plessy v. Ferguson (1896) Incorporation of the Bill of Rights – Barron v. Baltimore (1833) – Gitlow v. New York (1925) A right to privacy – Griswold v. Connecticut (1965) – Roe v. Wade (1973) States with segregated public schools in 1954 19

20 The Court and federalism United States v. Lopez (1995) United States v. Morrison (2000) City of Boerne v. Flores (1997) – Employment Division v. Smith (1990) – Religious Freedom Restoration Act of 1993 – Burwell v. Hobby Lobby Stores, Inc. (2014) Citizens United v. FEC (2010) Shelby County v. Holder (2013) 20

21 Thank you for listening 21

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