ESS EN TIAL Q U ES TIO N S :8 : BEGIN NING THE N EW N ATIO N: W HAT WER E

THE MAJO R ISS UES AN D C HALLEN GES S U RRO UN DIN G THE RATIF IC ATIO N O F THE

C O N S TITU TIO N ?

11 : WO RLD WARS : WHAT WER E THE MAJO R PO LITIC AL , S O C IAL AN D EC O N O MIC C AUS ES

AND EFFEC TS O F WW I AND W WII?

LU C IN DA EVAN SAIHE PR O FESS IO NAL DEVELO PMEN T

C O O R DIN ATO R 

CHALLENGES TO THE CONSTITUTION

Beginning the New Nation: What were the major issues and challenges

surrounding the ratification of the constitution?

BILL OF RIGHTSALIEN AND SEDITION ACTS

COURT CASESMARBURY V MADISON (1803)

Judicial ReviewMCCULLOCH V MARYLAND (1819)

Necessary and Proper Clause

ARTICLE IIITHE JUDICIARY

U S. CONSTITUTION

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/