Lecture 9 - The Judiciary in History

Constitutional Foundations of the Judicial Branch

• Article III Overview: The speaker emphasizes that Article III of the United States Constitution is relatively brief and vague regarding the structure of the court system. Its primary function is to establish the judicial power of the United States.

  • Constitutional Mandate: It states that the judicial power shall be vested in one Supreme Court and in such inferior courts as Congress may establish "from time to time."

  • Judicial Tenure: Federal judges serve for life "during good behavior." This means they remain in office unless they are impeached and convicted for "high crimes or misdemeanors."

  • Appointment Process: Judges are appointed by the President of the United States and must be approved by the Senate.

  • Omissions in Article III: The Constitution does not specify the following details, leaving them to the discretion of Congress:

    • The exact number of justices on the Supreme Court (historically, this number has ranged from as low as $6$ to as high as $10$).

    • The number of federal courts or their geographic distribution (e.g., whether there should be one per state, county, or township).

• The Judiciary Act of $1789$: This landmark legislation was necessary to actually put the court system into motion. It established the initial number of justices and organized the federal court hierarchy.

Philosophies of Judicial Interpretation

• The Debate over the Court's Role: There are two primary, conflicting views on how the Supreme Court should interpret the Constitution.

• Strict Constructionism (Original Intent):

  • Proponents argue that justices should interpret the Constitution according to its "original intent."

  • This involves determining what the document meant to the founders at the time it was written.

  • The goal is to simply apply the Constitution as it is written.

• Judicial Activism:

  • Proponents argue that because the country has changed significantly over the last $200$ years, the Constitution must be interpreted in the context of the current American political system and modern societal norms.

  • This view sees the Constitution as a living document rather than one fixed in $18^{th}$-century thought.

Historical Phases of the Supreme Court

• Phase 1: National Supremacy vs. State Rights (Early Republic to the Civil War):

  • Primary Conflict: The focus of the first $70$ to $80$ years was the relationship between the federal (national) government and state governments.

  • The Nature of the Union: A central debate involved whether the phrase "The United States" was a singular or plural noun.

    • Singular view: A single, unified entity.

    • Plural view: A group of sovereign states united for specific purposes.

  • The Right of Secession: States like South Carolina argued that because they voluntarily joined the union by ratifying the Constitution, they had a right to voluntarily withdraw (secede).

  • John Marshall's Influence: Though not the first Chief Justice, John Marshall (serving from $1801$ to $1835$) was a pivotal figure.

    • During his $34$-year tenure, he promoted Judicial Nationalism, using the Court's power to strengthen the national government at the expense of the states.

    • The American Civil War ultimately resolved the issue of federal supremacy over state rights.

• Phase 2: The Industrial Revolution and Social Darwinism (Post-Civil War):

  • Primary Conflict: Decisions focused on the government's role in the new economic system created by the Industrial Revolution.

  • Issues of Regulation: The Court debated whether the government had the right to regulate wages, working conditions (e.g., prohibiting nine-year-olds from working in coal mines), and living conditions.

  • Social Darwinism: This philosophy, adapted from Charles Darwin's The Origin of Species ($1859$) and the concept of "natural selection"/"survival of the fittest," was applied to economics.

    • The argument was that nature selects the fittest to survive and thrive (the wealthy), while the "unfit" suffer.

    • Proponents argued for a "laissez-faire" (hands-off) approach, claiming that government interference (like minimum wage laws) would disrupt the natural evolutionary progress of the economic system.

• Phase 3: Personal Liberty and Social Equality (Modern Age, $1940$s–Present):

  • Primary Conflict: Modern cases center on individual rights and social justice.

  • Key Themes: This era's cornerstones include reproductive rights (abortion), marriage equality (gay marriage), and affirmative action.

Landmark Supreme Court Cases

• Marbury v. Madison ($1803$):

  • Significance: Established the principle of Judicial Review.

  • Context: Chief Justice John Marshall declared a portion of the Judiciary Act of $1789$ unconstitutional.

  • Impact: This was the first time the Court took it upon itself to invalidate an act of Congress. This power eventually extended to declaring state laws unconstitutional as well.

• McCulloch v. Maryland ($1819$):

  • Significance: Reinforced federal supremacy over state laws.

  • Context: The state of Maryland attempted to tax a branch of the federal Bank of the United States to drive it out of the state.

  • Marshall's Ruling: He stated, "The power to tax is the power to destroy." He ruled that a state cannot pass a law that regulates or taxes an agency of the federal government.

• Dred Scott v. Sanford ($1857$):

  • Significance: Contributed to the inevitability of the Civil War.

  • Context: Dred Scott, a slave, was taken from Missouri (a slave state) to Illinois and Minnesota (free territories). After his master died, Scott sued for his freedom.

  • Court Decision:

    1. Dred Scott was not free.

    2. He was not a citizen and therefore had no right to sue (he was legally considered property).

    3. Congress had no power to prohibit slavery in the territories.

  • Impact: This decision meant slavery could spread anywhere in the territories, aggravating tensions between the North and South.

• Plessy v. Ferguson ($1898$):

  • Significance: Legalized racial segregation.

  • Context: Louisiana’s Separate Car Act required segregated railroad cars. Homer Plessy, who was $1/8$ African American, was arrested for sitting in a white car.

  • Court Decision: Established the doctrine of "Separate but Equal."

  • Impact: This decision allowed for the segregation of public facilities (schools, restrooms, etc.) as long as they were theoretically equal.

• Brown v. Board of Education of Topeka ($1954$):

  • Significance: Overturned segregation in public schools.

  • Context: $13$ parents representing $20$ students in Kansas sued under the $14^{th}$ Amendment, which guarantees "equal protection under the law."

  • Court Decision: The Court overturned its previous ruling in Plessy v. Ferguson, declaring that "separate but equal" was inherently invalid.

  • Impact: Initiated the desegregation of public schools across America.

• Miranda v. Arizona ($1966$):

  • Significance: Established the rights of the accused during arrest.

  • Context: Ernesto Miranda was arrested for rape in Phoenix, Arizona. He was not informed of his $5^{th}$ Amendment right (protection against self-incrimination) or his $6^{th}$ Amendment right (right to an attorney).

  • Court Decision: The Court ruled that suspects must be informed of their rights upon arrest.

  • Impact: Leads to the famous "Miranda Warning": "You have the right to remain silent…"

• Roe v. Wade ($1973$):

  • Significance: Affirmed a woman's right to an abortion.

  • Context: A woman challenged a Texas law that prohibited the termination of pregnancy.

  • Legal Basis: She claimed a constitutional right to privacy and control over her own body.

  • Court Decision: The Court ruled in favor of the woman, making the right to an abortion the law of the land throughout the United States at that time.