Interpreting the Constitution

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Interpreting the Constitution
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The Supreme Court

• Ultimate power to interpret the Constitution

• Defines the limits of constitutional rights and
  powers

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The Process of Judicial Interpretation

• Five sources of information
• 1) the text of the Constitution itself
• 2) the original intent of the Framers
• 3) court precedent
• 4) practical consequences for society
• 5) basic moral and ethical values

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The Constitution as a Living Document?

• Not always agreement on how to interpret the
  Constitution
• Some sources relied on more than others
• Given rise to a serious debate

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Strict Construction Looking at the Text

• Strict construction a literal reading of the
  Constitution
• Also known as originalism
• Original language and intent of Framers serve as
  the primary guides to interpretation

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Strict Construction Looking at the Text

• Leading advocate of originalism
• He accepts that the Constitution should be
  interpreted reasonably
• Butjudges should not try to make it conform to
  modern values

Justice Antonin Scalia (1986-present)
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Loose Construction Adapting the Constitution to
Today

• Loose construction a flexible reading of the
  Constitution
• Also known as interpretivism
• Modern values and social consequences must be
  taken into account

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Loose Construction Adapting the Constitution to
Today
William J. Brennan, Jr. (served 1956-1990)
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• We current justices read the Constitution in the
  only way we can as Twentieth Century Americans.
  We look to the history of the time of framing and
  to the intervening history of interpretation.
  But the ultimate question must be, what do the
  words of the text mean in our time? For the
  genius of the Constitution rests not in any
  static meaning it might have had in a world that
  is dead and gone, but in the adaptability of its
  great principles to cope with the current
  problems and current needs.

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Marbury vs. MadisonEstablishing Judicial Review
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Marbury vs. MadisonOrigins of the Case?
Thomas Jefferson
John Adams
Election of 1800
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Marbury vs. MadisonOrigins of the Case?
William Marbury
James Madison
Secretary of State who was ordered by Jefferson
NOT to deliver the commissions
Was supposed to receive a new federal judgeship
from Adams
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Marbury vs. MadisonJudiciary Act of 1789?

• Section 13 of the Judiciary Act of 1789
• Empowers the Supreme Court to issue a writ of
  mandamus to force an official to perform a duty

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Marbury vs. MadisonWhat Did the Supreme Court
Decide?

• Marbury deserved his commission and Madison
  should have delivered it
• Butan unexpected twist!
• The Judiciary Act of 1789 violated the
  Constitutionthus it was void
• Sorry, Marburyyou lose!

Chief Justice John Marshall
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Marbury vs. MadisonWhat is the legacy of this
case?

• Judicial review has played a key role in Court
  decisions since Marbury.
• Allows citizens to challenge in court any law or
  government action that they believes violates the
  Constitution.

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McCulloch vs. MarylandMaking the Constitution
the Supreme Law of the Land

• Congress chartered the bank in 1791
• Some argued such a bank was not authorized by the
  Constitution
• Charter ran out in 1811 and not renewed

First Bank of the United States (1791)
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McCulloch vs. MarylandOrigins of the case?

• 1816 Congress decides to charter the Second
  Bank
• Many states opposed this and passed laws to tax
  its branches

Second Bank of the United States (1816)
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McCulloch vs. MarylandOrigins of the case?

• Cashier of Maryland branch refused to pay the tax
• Maryland court ordered him to pay
• He appeals to the Supreme Court

James McCulloch
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McCulloch vs. Maryland What Did the Supreme
Court Decide?

• Unanimous decision in favor of the bank
• The federal governments power to establish the
  bank lies within the Elastic Clause
• Allows Congress to make all laws necessary and
  proper to carry out its duties.
• A national bank would be useful for Congress to
  carry out certain powers given in the
  Constitution.

Chief Justice John Marshall
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McCulloch vs. Maryland What is the legacy of
this case?

• By confirming the Elastic Clause, the Court
  supported a broad expansion of congressional
  power
• Conflicts between state and federal law, federal
  law would prevail.

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United States vs. NixonReaffirming the Rule of
Law
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United States vs. NixonOrigins of the Case?

• Watergate scandal of the early 1970s
• 1972 presidential campaign burglars broke into
  Democratic headquarters
• Evidence tied the break-in to President Nixon
• The Senate investigated the incident

Watergate Complex
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United States vs. NixonOrigins of the Case?

• Harvard law professor appointed as special
  prosecutor
• Discovery of secret tape recordings of Nixons
  conversations in the Oval Office
• Senate and Cox demanded Nixon hand them over

Archibald Cox
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United States vs. NixonOrigins of the Case?

• Nixon refused to hand over tapes claiming
  executive privilege
• This right not in the Constitution but implied
  by separation of powers and national security
• Nixon had Cox fired
• Coxs successor took Nixon to court

Nixon in the Oval Office
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United States vs. NixonWhat Did the Supreme
Court Decide?

• 1974 unanimous decision to force Nixon to hand
  over the tapes
• Recognized a presidents legitimate claim to
  executive privilege
• However, cant ignore constitutional principle of
  the rule of law

Chief Justice Warren Burger
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United States vs. Nixon What is the legacy of
this case?

• Nixon complied
• One of the tapes proved to be a smoking gun
• Facing impeachment, Nixon resigned
• No one, not even the president, is above the law

President Nixon giving a televised address
explaining release of edited transcripts of the
tapes on April 29, 1974
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Goss vs. LopezExtending Individual Rights of
Students to Include Due Process
Marion-Franklin High School - Columbus, Ohio
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Goss vs. LopezOrigins of the Case?

• Students bring lawsuit against school officials
• Lawsuit accuses officials of violating the
  students constitutional right to due process by
  suspending them without a hearing

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Goss vs. LopezWhat Did the Supreme Court Decide?

• Justices focused on an Ohio law that allowed
  public school principals to suspend a student up
  to 10 days without a hearing
• A closely divided Supreme Court in a 5-4 decision
• Writing for the majority, White acknowledged the
  need for discipline in schools
• However, students should not be denied due process

Justice Byron White
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Goss vs. LopezWhat is the legacy of this case?

• School districts across the US established new
  procedures to protect the due process rights of
  students
• What are those rights?