Following the Enduring Themes attachment found on my eboard, create a short outline for each of the following issues:


Issue #1:

Roya Heydari
1. Background
  • Changes in American government have many different causes. The influences of radical ideas such as socialism and Darwinism have left their mark on the government, and have also aided the wearing away of many of the principles that formed the Government.
  • Sectionalism and the Civil War disrupted the state and federal relationship. Many of the changes to the U.S. government made resulted in nationalization of powers in the central power.
2. Lincoln
  • Lincoln's use of executive authority during the civil war was many times illegal and unjust. Lincoln blatantly abused his power regarding civil rights.
  • He did things like institute an unfair draft, suspend Constitutional rights, allocate military spending without Congress, and institute emancipation.
  • Suspended habeas corpus. Suspended constitutional guarantee by which a person could not be imprisoned indefinitely without being charges with some specific crime.
3. FDR
  • The New Deal in itself was a great expansion of the power of the federal government. In no way is it under the jurisdiction of the federal government to grant employment opportunities to its citizens.
  • When the Supreme Court began declaring significant parts of the New Deal unconstitutional, Roosevelt stunned the nation by a surprise proposal to pack the Supreme Court by adding five new justices.
  • The proposal failed, however Roosevelt permanently alienated many conservative Democrats; and the Supreme Court started upholding New Deal laws. Justices then started retiring, allowing Roosevelt to select a majority of the Court.
4. LBJ
  • Johnson's Great Society was a set of domestic programs proposed to enact social reforms.
  • New major spending programs that addressed education, medical care, urban problems, and transportation were launched during this period. Resembling Roosevelt's New Deal in many ways.
  • The Great Society really increased power of the federal government in the area of Medicare, because this was solely federally funded. It seemed to resemble nationalization a great deal.

Brittany Fincher
I. Since the beginning of America’s government, the amount of power allotted to the federal branch of government has been a topic of debate. War time led to the executive branch suspending certain constitutional rights. And economic depressions led to an increase in government intervention in business which some consider to be similar to socialism. The ambiguity of federal boundaries in government has caused a lot of controversy throughout history.
II. Lincoln and the Civil War
- Before Civil War, the proslavery Dred Scott decision was argued as being unconstitutional.
- Weather or not a state was allowed to secede from the union and if the federal government was able to intervene was an issue that Lincoln had to decide.
- Slavery, some considered, was a right guaranteed by the constitution. Federal government was infringing on basic rights by attempting to abolish slavery.
- During the war, Lincoln instituted a draft.
- Also suspended habeas corpus
III. FDR and the Great Depression
- Hoover had not supported many public works programs because he believed it was against democratic principles.
- FDR elected and immediately established programs such as the CCC to put people to work to try and alleviate the severity of the Great Depression.
- Many of his programs, however, were declared unconstitutional. Many believed them to be socialist.
- His infamous court packing scheme, many believed FDR yielded too much power.
- He served three terms, after, however, a constitutional amendment was past that a president may only serve two terms.
- Although FDR is credited with ending the Great Depression, he did expand the powers of the federal government immensely.
IV. LBJ and the Great Society
- Increased many New Deal programs, including adding medicare/medicade and expanding social security.
- Did a lot to combat poverty, however, many believed Johnson, like Roosevelt, was interfering too much and the federal government should not have that much power.

Ralph Milazzo
Alien and Sedition Act
  • The Alien and Sedition Acts were four laws passed by the Federalist in Congress in 1798 during the administration of PresidentJohn Adams.
  • Proponents claimed they were designed to protect the country from enemy "aliens" and to stop seditious attacks from weakening the government.
  • The Democratic-Republicans attacked them as being both unconstitutional and designed to stifle criticism of the administration, and as infringing on the right of the states to act in these areas.
  • Thomas Jefferson held them all to be unconstitutional and void, and pardoned and ordered the release of all who had been convicted of violating them.
Louisiana Purchase
  • The Louisiana Purchase was the acquisition by the US of approximately 530 million acres of French territory in 1803
  • The land purchased contained all of present-day Arkansas, Missouri, Iowa, Oklahoma, Kansas, Nebraska, Minnesota south of Mississippi River, much of North Dakota, nearly all of South Dakota, northeastern New Mexico, northern Texas, portions of Montana, Wyoming, and Colorado, and Louisiana on both sides of the Mississippi River, including the city of New Orleans.
  • The purchase was an important moment in the presidency of Thomas Jefferson. At the time, it faced domestic opposition as being possibly unconstitutional. Although he felt that the Constitution did not contain any provisions for acquiring territory, Jefferson decided to purchase Louisiana because he felt uneasy about France and Spain having the power to block American traders' access to the port of New Orleans.

Issue #2:

Domantas Mikonis

Federalism is a system of government in which sovereignty is constitutionally divided between a central governing authority and constituent political units (like states or provinces).

Gibbons v. Ogden
-Ogden held a New York State license allowing him to operate a ferry across the Hudson between New York and New Jersey. Gibbons received a Federal license and claimed that his license superseded that of Ogden.
-The court ruled that Gibbon's federal license took precedence over that of Ogden because the federal government was given the power to regulate interstate trade.

Munn v. Illinois
-Dealt with corporate rates and agriculture.
-The Munn v. Illinois case allowed states to regulate certain businesses within their borders, including railroads.

Brown v Board of Education
-Overturned Plessy v. Ferguson.
-Declared the establishment of separate public schools for black and white students unequal and unjust.

The Montgomery Bus Boycott
-A political and social protest campaign started in 1955 in Montgomery, Alabama, intended to oppose the city's policy of racial segregation on its public transit system.
-led to a United States Supreme Court decision that declared the Alabama and Montgomery laws requiring segregated buses unconstitutional.

Ilana Ventura

Federalism in the Constitution
- Federal and State governments share delegated power over their respective issues
- The federal government has certain expressed powers , including the right to levy taxes, declare war, and regulate interstate and foreign commerce.
- The Elastic Clause gives the federal government the Implied Power to pass any law "necessary and proper" for the execution of its express powers.
- Reserved Powers are reserved for the delegation of the people and the states
- The power delegated to the federal government was significantly expanded by amendments to the Constitution following the Civil War, and by some later amendments- as well as the overall claim of the Civil War, that the states were legally subject to the final dictates of the federal government.
  • 13th Amendment banned Slavery
  • 14th Amendment : Due Process and Equal Protection Clauses, overturning the Dred Scott case
  • 15th Amendment: banned race-based voting qualifications

Elaboration on Brown v. Board
-Court used Judicial Review to overturn Plessey v. Ferguson (which was established by Marbury v. Madison )
-Earl warren was Chief Justice
-School in Little Rock, Kansas refused to comply with federal integration orders so Eisenhower sent federal troops to escort nine colored students to school.
-Demonstrated power of federal government.

Reagan’s “New Federalism”
-emphasis on state, rather than federal government
-shift toward a more decentralized regional federal management style
-an attempt to reduce the federal government's role in domestic programs
- “reprivatization” of charities and churches to take care of poor
  • Omnibus Budget Reconciliation Act
  • Social Services Block Grants
    • consolidated federal programs
    • cut federal spending

  • Kevin Spector
Federalism- The balance between the nation and the state, such as the United States central government, and the fifty states

Interstate Commerce Act:
-Established the Interstate Commerce Commission, which regulated railroads that crossed interstate boarders.
-A success of the Grange movement, farmers burdened by the high prices of railroads received justice with the Act.
-The act established the notion that while a railroad track runs completely within only one state’s borders, the state reserves the right to regulate prices. However, when the track crosses interstate lines, it becomes an issue of the federal government

Brown vs. the Board of Education of Topeka, Kansas, and the Little Rock Nine:
-In 1954, the Supreme Court ruled that segregation of children in pubic schools was unconstitutional, and schools were to be integrated immediately.
- Governor of Arkansas, Orval Faubus, refused to adhere to the review, and deployed the state’s National Guard to prevent black students from entering local schools
-Although the states would normally have a say in the matter, the Supreme Court was a check over both governments, and therefore, President Eisenhower sent the nation’s National Guard to integrate the schools.

Kimberly Leonard
McCulloch v. Maryland (1819)
  • The state of Maryland decided to tax the new Federal Bank
  • McCulloch was a cashier for the bank and refused to pay the tax on the basis that a state did not have the power to tax the federal government
  • The Supreme Court support McCulloch and the superiority of the supreme court.
Gibbons v. Ogden (1824)
  • Ogden had a NYS license that allowed him to operate a ferry across the Hudson, connecting NY and NJ
  • Gibbons obtained a federal license that claimed that his license took precedence because the federal government was given power to regulate interstate trade
  • The Supreme Court ruled in favor of Gibbons because the federal government was given the power to regulate interstate trade.
Nullification Crisis (1832)
  • Whether a state can refuse to recognize or enforce a law passes by the US Congress.
  • Started over the Tariff of 1828 (“Tariff of Abominations”) which was a protective tariff to benefit trade in the northern states
  • South Carolina adopted an Ordinance of Nullification that declared the Tariffs of 1828 and 1832 null and void within its borders
  • Andrew Jackson declared that the state could not do such a thing and threatened to use violence.
  • SC rescinded its nullification after nullifying the Force Bill as well. Many of the states demands were met and both SC and the federal government could claim victory.

Issue #3:
David Neuburger

The Marshall Court
  • Marbury v. Madison (1803)
    • Background
      • Adams was given the power to establish 10 new District Courts under the Judiciary Act of 1789.
      • On March 2, two days before his term was to end, Adams, in an attempt to stymie the incoming Republican party (Democratic-Republican Party) controlled Congress and Administration, appointed sixteen Federalists circuit judges and forty-two justices of the peace to positions created by the Judiciary Act of 1801.
      • These appointees, the infamous "Midnight Judges", were all located in the Washington and Alexandria area. One of these appointees was William Marbury, a native of Maryland and a prosperous financier.
    • Decision
      • A landmark case in United States Law, in which the basis for the excerise of judicial review came into effect.
      • Judicial Review- The authority of a court to review the official actions of other branches of government.
  • McCulloch vs. Maryland (1819)
    • Background
      • In this case, the state of Maryland attempted to impede operation of a branch of the Second Bank of the United States by imposing a tax on all notes of banks not chartered in Maryland.
      • The law is generally recognized as specifically targeting the U.S. Bank.
    • Decision
      • Congress had the implied power to create a bank and a state could not tax a federal institution because “the power to tax is the power to destroy”
Race Relations
  • Dred Scot Decision (1857)
    • Background
      • Illinois was a free state, and Scott was eligible to be freed under its constitution. In 1836, Emerson (his owner) was relocated to Wisconsin Territory, now present day Minnesota, a free territory under the Missouri Compromise and the Wisconsin Enabling Act.
    • Decision
      • Ruled that people of African descent, whether or not they were slaves, could never be citizens of the United States, and that Congress had no authority to prohibit slavery in federal territories.
      • Repealed Missouri Compromise
  • Plessy vs. Ferguson (1896)
    • Decision
      • Was a landmark United States Supreme Court decision in the jurisprudence of the United States, upholding the constitutionality of racial segregation even in public accommodations under the doctrine of "separate but equal".
  • Brown vs. Board of Education (1954)
    • Decision
      • Is a landmark decision of the United States Supreme Court overturning its earlier ruling, declaring the establishment of separate public schools for black and white students inherently unequal. This victory paved the way for integration and the Civil Rights Movement.
Public Morality
  • Roe vs. Wade (1973)
    • Decision
      • Was a U.S. Supreme Court case that resulted in a landmark judicial opinion about privacy and abortion in the United States.
      • According to the Roe decision, most laws against abortion violated a constitutional right to privacy under the Due Process Clause of the Fourteenth Amendment. The decision overturned all state and federal laws outlawing or restricting abortion that were inconsistent with its holdings.

Nicole Roberts

Through the decisions of the court, new polices can be created. On the issue of segregation, the court initiated one policy in 1896 only to declare it unconstitutional in a later court case in 1954. The power of the court to declare something unconstitutional can be traced back to the case of Marbury vs. Madison in 1803, which gave the courts the power to declare something unconstitutional. This greatly increased the power of the judiciary branch and therefore that of the government. Plessy vs. Ferguson (1896): Historical Background:- after the end of the Civil War in 1865, the government passed the 13th amendment (abolished slavery) and 14th amendment (granted citizenship to all persons born in the US and equal protection under the law) - however, prejudice remained strong against the blacksà Separate Car law was passed in Louisiana and the Citizens Committee was formed to test the constitutionality of this lawà Homer Plessy bought a ticket for a first class train ticket and sat in the white section of refused to move to the colored section when asked to do so Decision:- the question had been brought up of whether or not this law of segregation violated the 13th amendment by destroying the legal equality of the races and therefore reinstating slavery. It was also said to violate the 14th amendment by denying Plessy equal protection under the law- said the 14th amendment wasn’t violated if there was separate but equal facilitiesà Justice Henry Brown ruled that the 14th amendment only established equality of the two races under law but not social equality- The Separate Car law didn’t violate the 13th amendment since it only provided a distinction of the races Brown vs. Board of Education (1954): Historical Background:- the NAACP was formed and challenged the policy set by Plessy vs. Ferguson in 1896 of “separate but equal”à it won a number of supreme court cases in which the court prohibited segregation in public universities, political primaries, and railroads- in early 1950s there were 5 court cases from different states against segregation in schools. The Supreme Court heard them together as Brown vs. Board of Education when the Brown’s daughter was denied going to a white school 5 blocks from her house instead of going to one 21 blocks away- Thurgood Marshall declared that separate schools could never be equal and that put blacks at an unfair disadvantage- this in turn violated the 14th amendment Decision:- “separate but equal” was an unconstitutional violation of the 14th amendmentà Plessy vs. Ferguson was declared unconstitutional- Justice Earl Warren said that segregation clearly gave black children a feeling of inferiority that could affect their emotional well-being- Even if given access to equal physical facilities, it did not give them access to equal educational opportunities

Rachael Berman
John Marshall was the fourth Chief Judge of the Supreme Court he served from 1801 till his death in 1835.Marshall decisions during this period forever changed the position of a Supreme court judge, and the interpretation of the constitution.
Case: Marbury v. Madison (1803)
-Judiciary Act of 1789- gave Adams the ability add new district courts, creating more availability for jobs in the judiciary branch
-In a last attempt to keep federalist power in the American Government two days before his term ended. He selected sixteen Federalists circuit judges and forty-two justices of the peace ("Midnight Judges").
-One of the new justices was William Marbury
- put into effect of judicial review
Judicial Review- the power of a court to adjudicate the constitutionality of the laws of a government or the acts of a government official.
Case: McCulloch vs. Maryland (1819)
-The state of Maryland tried to destroy one branch of the Bank of the United States
-The State imposed a tax on bank notes not licensed in Maryland, which was deemed unconstitutional by congress
-Marshall declared the bank constitutional by invoking the Hamiltonian doctrine of implied powers.
-Denied Maryland the right to tax the bank
- This case gave the doctrine of “loose construction”, Marshall permitted the government to act for peoples benefit saying the constitution may adapt due to the circumstances of the case.Ra
-Marshall declared the bank constitutional by invoking the Hamiltonian doctrine of implied powers.
-Denied Maryland the right to tax the bank
- This case gave the doctrine of “loose construction”, Marshall permitted the government to act for peoples
benefit saying the constitution may adapt due to the circumstances of the case.

Issue #4:
Joanna Schlingbaum

- must be a balance of power between the people and the government for it to function properly
- maximize autonomy= anarchy, maximize govt authority= totalitarianism

Alien and Sedition Acts 1798: limited civil liberties:
- passed by Federalists (pro govt)
- Alien- increased number of years required for naturalization from 5 to 14
- Sedition- made it illegal to publish "
false, scandalous, and malicious writing" against the govt
- All either expired or were voided by Jefferson

Patriot Act: limited civil liberties:
- passed 45 days after 9/11
- diminished right to privacy- law enforcement can search emails, put in phone taps, etc, without a court order to monitor suspected terrorists
- no penalty for the providers of wiretaps
- unwarranted seizures
- "sneak and peak" searches: people's homes could be searched without the occupant's knowledge or permission
- indefinite holding of immigrants suspected of terrorism

Roe v. Wade: expanded civil liberties:
- ruled that there is an “implied” right to privacy in the Bill of Rights
- legalized abortion
- granted more civil liberties to women
- right to privacy- has been cited in many cases since

Vinay Kudur


Prejudice against immigrants from Asia had been longstanding on the West Coast when World War II broke out following the Japanese attack on Pearl Harbor.
This prejudice action against the people of Japanese decent broke the 4th through 9th Amendments of the Constitution

Another Violation is the more recent Patriot Act
Among its many provisions, the act increased the ability of law enforcement agencies to search telephone and email communications and medical, financial, and other records;
This breaks several rights granted through the amendments and demonstrates the government overstepping their provisional boundaries.
Issue #5:
Justin Teplitz:
Wartime Security
Abraham Lincoln: Civil War (1860-1864)
  • Lincoln suspended habeas corpus- individuls could be arrested for no reason
  • he wanted to allow anti-Unionists and other opiniated Confederates to be summarily arrested and imprisoned
  • Lincoln proclaimed a blockade without first consulting Congress, upsetting the balance of powers
  • Lincoln alone decidedd to increase the size of the Federal Army
  • he commanded the Treasury to provide three individuals with $2 million for military purposes
  • voters were clearly identified by which party they voted for with colored ballots (army soldiers stood by the voters as well)

Woodrow Wilson: World War I (1917-1919)
  • Espionage Act of 1917: it was illegal to transport information that could be harmful or interfere with the actions or success of the armed forces of the United States
  • Wilson feared widespread dissent and disagreement during the war (felt it threatened American security)
  • Sedition Act of 1918: Amendment to the Espionage Act
  • prevented Americans from using "disloyal, profane, scurrilous, or abusive language" about the United States government, flag, or armed forces
  • the Postmaster General could prohibit the transport of mail to dissenters

Cold War Hysteria
  • anti-Communist suspicion in the United States
  • occurred from the late 1940's to late 1950's
  • also known as Second Red Scare
  • actions of U.S. Senator Joseph McCarthy (played on fears of Americans)
  • the senator accused many Americans of being communists or linked to the Soviet Union
  • led to the creation of loyalty review boards- searched the government employees of being linked to communism
  • creation of House Un-American Activities Committee (HUAC)
  • McCarthy overextended himself by accusing the U.S. Army of having communist spies

Oppenheimer Case
  • Oppenheimer was accused of being a security risk and was asked by President Eisenhower to resign
  • his hearing focused on his past ties to communists and his connections with communist scientists through the Manhattan Project
  • he fabricated his testimony of his friend Haakon Chevalier
  • Oppenheimer was seen as a martyr of McCarthyism (seen as an eclectic liberal)

The Warren Court
Gideon vs. Wainwright (1962)
  • decision was announced on March 18, 1963
  • state courts are required to provide defendants in criminal cases with a lawyer if they cannot afford one
  • this was required by the 6th and 14th Amendments to the Constitution
  • this decision overruled Betts v. Brady

Miranda vs. Arizona (1966)
  • decision made on June 13, 1966 in a 5-4 decision
  • criminals or those arrested must be presented their rights at the time of their arrest (rights of the accused)
  • the accused must be informed of their right to consult with an attorney and of their right against self-incrimination prior to questioning by police
  • example of a prophylactic rule- protects a constitutional right

Ted Goldstein
Rights of the Accused and Protection of the Community
Although the Bill of Rights provides for many aspects of individual protections, during some situations rules are twisted in order to address security issues. Throughout US history, many political leaders have bent the rules to satisfy their own agenda or beliefs.

Wartime Security
Abraham Lincoln - Civil War, 1860 - 1864
  • In September 1862 Lincoln issued the first proclamation that effectively suspended Habeas Corpus, as well as impose Marshall Law, without the approval of congress
  • It also gave the power to make newspapers that published anti-war articles shut down
Cold War Hysteria
McCarthy Hearings “McCarthyism”
  • In 1950 Senator Joe McCarthy revealed a list of 205 State department workers who he claimed to be Communists
  • Incomplete and unfounded evidence was used to convict many due to the nervous atmosphere of the nation
  • Many people lost their jobs, property and were imprisoned, although the charges were dropped later, as a result of the hearings

The Warren Court
Miranda vs. Arizona, 1966
  • Ernesto Miranda was convicted of rape and kidnapping based only on testimony that he offered during police interrogation
  • His court appointed lawyer brought to the attention of the court that he has not been advised his legal rights, and was unaware that he could refuse to give answers that would incriminate him
  • Chief Justice Earl Warren ruled that no confession could be made without advising the suspect to his or her legal rights, and giving them the choice to waive them

Alexander Cooper
A) 1917- Woodrow Wilson establishes the Espionage and Sedition Acts: Both acts reflected fears among American citizens entering in the First World War. The Espionage and Sedition Acts, after the threat of the Zimmerman telegram and dissention within the United States between Socialists and others began. Examples are evidenced by the accusations against Socialist Eugene V. Debs and the Industrial Workers of the World. Any criticism toward the government was censored and those accused were imprisoned, threatening the first amendment of free speech in the Bill of Rights.
B) 1945- Even before McCarthy the
Taft-Hartley Act outlawed all closed union shops and required union workers to take an oath against communism. This attacked organized labor and their rights to collectively bargain freely. This occurred as the theory of containment spread across Europe to deny people of their rights in the fear of communism by the government. Dennis V. United States was advocating of the overthrow of the government by suspected communists. In addition, Ethel Rosenberg was sent to prison due to the fear that she sold plans for the atomic bomb to the Soviet Union. McCarran Security Bill- authorized arrest of suspected persons.
C) 1950-1955-
Senator McCarthy prosecuted citizens of the nation within and outside the United States without proper consent making them swear an oath and possibly imprison them for communist activities. This followed the Committee of Un-American Activities. This was a violation of government power due to security and violated the Bill of Rights entitled to each American citizen.

Issue #6:
Emily Cooper:
The 14th Amendment guarantees “equal protection of the laws” to all citizens but actualization of the idea have been uneven and controversial.

Civil Rights Movement, 1950-1970The Civil Rights movement was a direct result of the failure of the 14th amendment to be properly executed. Thus, Civil Rights leaders attempted to implement the ideas of equality. The Supreme Court case Brown vs. Board of Education of Topeka in 1954 reversed the 1896 Plessy vs. Ferguson Case which deemed “separate but equal” facilities constitutional. Thus, the courts worked to accurately define equality. Additionally, in 1957, President Eisenhower ordered the integration of Little Rock, Alabama’s central High School. This event spurred the court case Cooper vs. Aaron, which directly fortified the 14th amendment, stating that “the interpretation of the fourteenth amendment enunciated by this court in the brown case is the Supreme law of the land.” The actions by Rosa Parks and other African Americans in the Montgomery Bus Boycott further elucidated the search for the elusive equality of the 14th amendment. Furthermore, the Civil Rights Acts of 1957 and 1960 defined the civil rights that is necessary for all minorities, through actions such as addressing obstacles of voting rights such as poll taxes and general intimidation.
Native Americans Search for EqualityAs other Americans demanded rights, Native Americans did the same. The American Indian Movement (AIM) was created with a new generation of leaders who labored to obtain ancient tribal lands. AIM helped to use government money for Native American goals. Such actions brought about general awareness of Native Americans needs and directly led to the 1975 Education Assistance Act of 1975 and the 1996 Native-American Housing and Self-Determination Act. The Senate's first Native-American member, Ben Nighthorse Campbell of Colorado, was elected in 1992.
Bryan Fedner:
Americans with disabilities Most notably, the Americans with disabilities Act was passed in 1990 by George H.W. Bush. This act prevented discrimination based on disabilities. This monumental law was a result of years of protest for awareness of the needs of those American citizens who suffer from disabilities.
Steven Hershkowitz:
According to the 14th Amendment, all citizens are guaranteed "equal protection of the laws". To say that the actualization of this idea was uneven and controversial is not incorrect, yet a bit misleading. When Plessy vs. Ferguson was decided in 1896, it did in fact deem "separate but equal" facilities. The word equal is in there, so the the court was doing its job in following the amendment. However, the segregation that went into place was no where near what that court was talking about. There was no equality obviously leading to the Civil Rights movement in the 1950's and 1960's. Brown vs. the Board of Education was searching to accurately define equality, and did with the overturning of Plessy vs. Ferguson, a case that granted separate facilities equality because it made sense. Logically, it made sense. Avoiding conflict seemed like a great idea at the time. However, in the United States, equality stands over all else. The Civil Rights Movement, including Brown vs. Board of Education and the Civil Rights Act, was a statement to those who decided Plessy vs. Ferguson saying they were a thousand times wrong, that separate but equal facilities were not equal, because that movement had over sixty years of injustice that said otherwise. The Founding Fathers searched for equality, stated in the Declaration of Independence, "All men are created equal." Yet, white rich men shouldn't be the only ones that are equal. All humans should be equal. The second half of the twentieth century finally achieved equality for all humans in the United States. Think of the search for equality as the search for the structure of an atom. It took a few models, but each day the image becomes clearer and clearer.

Issue #7:
Andrew Windler

Rights of Women under the Constitution
  • When the United States was founded, only white, male, property-owners were allowed to vote
  • The struggle for women's suffrage and rights dates back to the early 1800s
Women's suffrage
  • In 1848, suffragists organized the Seneca Falls Convention in upstate New York. There, Stanton composed the Declaration of Rights and Sentiments which was modeled after the Declaration of Independence but included women in the granting of rights
  • women were excluded from the Fifteenth Amendment that granted all men the right to vote. However, they continued to protest, march, and organize in the hope that they would soon be able to legally vote
  • Finally in 1920, the Nineteenth Amendment was passed which provided women with the right to vote
  • The Women's Movement was rekindled after women's suffrage was obtained in 1920
  • Betty Friedan wrote The Femine Mystique in 1963 which question the traditional domestic female role in the United States
  • Equal Employment Oppurtunity Act (1972)- Required employers to pay equally qualified women the same as their male counterparts.
  • Title IX of Educational Amendments Act (1972)- Gave female athletes the same right to financial support for individual and team sports as male athletes.
Right to Privacy and Abortion
  • Roe v Wade (1973) - ruled that there is an “implied” right to privacy in the Bill of Rights
  • federal legalization of abortion overturned state laws
  • granted women more civil liberties and the right to privacy
Jarret Nathan
Early Economic Rights
Women in the 19th century began to gain some recognition when they were able to participate in the workforce. Women, who previously worked from home as seamstresses if they worked at all, began the shift to the factory.
Political Rights
The Seneca Falls Convention in 1848 brought awareness to the woman’s from for equal rights. Elisabeth Cady Stanton and Lucretia Mott created an alternate Declaration, which added the rights of women, known as the Declaration of Sentiments.

The 19th amendment was added to the Constitution in 1920, giving women the right to vote. Although a giant leap in liberty for women, they were still not granted equal rights under law. Women were still the subject of sex discrimination in the workplace. Many of them were excluded from different jobs just because they were women
The Equal Rights Amendment, which didn’t come until 1979, granted women equal protection under the constitution. It specifically stated that the law must be enforced by congress, unlike Title IX, which was very weakly enforced during the early 70’s.

Jenna Denino

Womens continued struggle for equal rights
Although women have made great strides in the workforce, they are still fighting to be seen equally by thier male co-workers.
Woman are still trying to break out of the gender roles that deter them from competing for high status jobs in a male-run bussiness world.
Constitutional Scholar Barbara Jordan
  • American politician from Texas.
  • served as a Congresswoman in the US House of Representatives from 1973 to 1979
  • Active in the Kennedy-Johnson presidential campain of 1960, Jordan wanted to be a part of change.
  • She unsuccessfully ran for the Texas house of representatives in 1962 and 1964.
  • Won her a seat in the Texas Senate in 1966, becoming the first African American state senator since 1883 and the first black woman to serve in that body.
  • Jordan was awarded the Presidential Medal of Freedom in 1994.
  • elected into both the Texas and National Hall of Fame
  • In 1995, she was awarded the prestigious US Military Academy's Sylvanus Thayer Award, becoming only the second female awardee.
  • Inspiring and Influencial for all of her accomplishes as a woman, and an african american in the political world.

Todd Densen-
-Early Women's Suffrage
-Francis Wright gives women's rights lectures in the 1820's
-Ernestine Rose appears before New York legislature in 1836 in favor of suffrage.
-Mott and Fuller write The Great Lawsuit; Man vs. Women This book sparks the movement, and served to influence future suffragists, such as Stanton and Anthony.

-National American Woman Suffrage Association
- This organization, beginning in 1900 was originally based in New York, It's president Carrie Chapman Catt, helped to spread the becoming issues of women's rights
-19th amendment
The 19th amendment was the first official US legislation to help fix the woman's suffrage problem. The amendment which was brought upon by several attempts and the persistance of abolitionists, provided for there to be no infringement of any right due to gender. The Amendment was orginally proposed in as early as 1868, yet wasnt voted no until the 1900's. In 1915 it failed, but with a close vote. Then in 1918 with viament support from the president it narrowly passed in the hosue, but did not gain the support of the senate. In 1920 the bill finally passed in both houses and was added to the constitution. Even thoguh many people and states did not recognize the bill, its importance was that it laid the ground work for equal rights. Feminists today continue to fight for equal rights, and many non feminists, such as Phyliss Schafley, fight against it.

Issue #8:

Background: The 14th Amendment mentions that states can not "deprieve any person of life, liberty or property", meaning that every person was meant to have an equal chance in America. It also stated that Congress had the right to enfore the law.
African Americans
The Whites interperted all of their actions as fair because they were giving African Americans the right to life, liberty and property, and in equal doses due to Plessy v Ferguson.
they equal opportunities in every aspect and a proportional response from the government if said conditions

  • Plessy V. Ferguson (1896 deeming "separate but equal" fair) went against this amendment stating that the government was denying them a true for they werediscriminated against.
  • Starting in the 1940's whites began moving out of cities and into the suburbs with the help of government agencies, another institution that African Americans thought was against the 14th amendment because these companies were discouraged from giving loans to African Americans due to their "unreliability." Many felt that this was denying them the right to property, something which is directly stated as illegal and immoral in the Constitution.
  • Poll Taxes and other means of discouraging voting among blacks (which were found legal in Plessy V Ferguson) were still in existence, these violated the right to liberty.
  • The KKK had millions of members, an organization that was denying the African American right to This was especially controversial issue, because no political party proposed any legislation to stop the killing force. In fact when some of the members were on trial for their murders, not one of them was found guilty, something that deeply angered the African Americans.

Nativists: They are not American citizens therefore the rights and conditons that are given to citizens shall not be applicable to them.
interperted this as an equal chance for success, and that no forces would hinder their existence.

  • Nativism in the Fear of spread of communism led to the fear of immigrants: Emergency Quota Act of 1921-only 3% of the people migrating to the USA in 1910 can now migrate, which changed in 1924 to 2% that migrated in 1890 to favor the northern and western immigrants. Many thought that this violated the right to live as thousands of people were barred from coming into America.
  • Know Nothing immigrantsIrishtook industrial jobs away. Led to rise of NINA signs (No Irish Need Apply) and a clashing between the races which the foreigners thought was unfair because they were being denied the right of life and liberty.
  • Sacco and Vanzetti Trial (1920) Two immigrants were sentenced the death penalty for a crime that had huge evidence that they did not commit it. This stirred up many feelings as foreigners saw how two men were the right to live.
Gary Canino
Civil Disobedience
1. Malcolm X- Radical black speaker who spoke for black rights and seperation.
2.Marcus Garvey-Responsible for the Universal Negro Improvement Association and african Communities League (and his "Back To Africa Program)
3. Riot in Watts is representative of the racial unrest facing African Americans in the struggle for gaining rights in America.
4. Sit-down strikes at Montgomery demonstrate the non-violent opposition of African Americans, and their success wasn't a coincedence.
1. Civil disobedience procedure, based on Gandhi's non-violent approach, was widely successful in passing the Civil Rights Act of 1964 and the Voting Rights Act of 1965.
2. Famous 1963 "I have a dream" speech at Lincoln Memorial in Washington, DC
3. Success of SCNC and the "March on Washington" were widely successful in promoting the passage of these acts.
4. Assassinated on April 4th, 1968 by James Earl Ray. His legacy continues as the integration he promoted has lasted to the present day.

Lyndsay Piccininni-
Zeitgeist: The 14th Amendment in the Constitution was one of the amendments passed during Reconstruction. It ensures the rights of life, liberty and property and provides equal protection under the law to all persons. It also states that all persons born in the United States are citizens and therefore cannot be denied the rights of citizens.
African Americans:
-The 14th Amendment reversed the earlier ruling in the Dred Scott v. Sanford court case which ruled that African Americans could not become citizens or enjoy the privileges of citizenship. Whites however, deemed their treatment of blacks fair under the 14th amendment because they gave them the rights of citizens although they were not actually equal.
-In the case of Plessy v. Ferguson the Supreme Court ruled that facilities could be segregated as long as they were equal. This however, was impossible as these separate but equal facilities were never actually equal. White viewed this ruling as fair under the 14th Amendment as it provided rights to Blacks.
-In the Civil Rights Cases (1883) the Supreme Court ruled that Congress didn’t have the power to enforce provisions of the 14th Amendment to stop individuals and organizations from practicing racial discrimination. Only the government was prohibited to violate any civil rights of citizens.
-Even after the passage of the 14th Amendment, Blacks were not granted the right to vote. When the 15th amendment clearly gave them the right to vote, White Southerners undermined these amendments by implementing literacy tests, and poll taxes to keep Blacks from voting.
-Groups such as the Ku Klux Klan formed which was an organization that used violence tand terrorism to oppress African Americans, especially in the South.
Nativism & Immigrats:
-Nativists opposed new immigrants who they thought would outvote them and take jobs from them by working for cheaper. They interpreted the 14th amendment so that these immigrants were not citizens under the constitution and therefore do not have to be granted the rights of citizens. They created the Know-Nothing Party which fought for restrictions on immigration and stricter dealings with aliens.
-Plyler v. Doe was an important court case which the Supreme Court dealing with this issue when the state of Texas tried to withhold funding of schools in which illegal aliens were admitted and allowed them to be denied access to some schools. The Supreme Court ruled in favor of the immigrants that this was in fact a violation of the 14th amendment and was discriminatory based on a characteristic that a child has no control over

Issue #9:
Amanda Greenwood
Presidential Powers in Time of Crisis
Throughout American history, presidents changed their roles in order to help the country in the best way they saw possible.

1)Lincoln-Civil War:
-During this time, Lincoln took many steps towards reuniting the Union
-Due to wartime emergencies, Lincoln expanded his presidential powers
-He increased the size of the army with consent from congress
-He arrested and jailed anti-unionists without giving a reason
-He also censored some anti-union newspapers and arrested some publishers
-Although normally this would be unconstitutional since he contradicted amendments protecting freedom of speech and freedom of the press, but by expanding his powers it became acceptable

2)Franklin D. Roosevelt-World War II:
-Before the war started, America was going through a depression due to the uneven distribution of wealth between the rich and poor
-When FDR became president he got the government very involved in society and created many work programs to try to re boost the economy and the faith back into the government
-When the United States became involved in the war FDR abandoned Wilson's neutrality policy
-He did a lot of traveling to Europe throughout the war which made him very involved

3)George W. Bush-War on Terror:
Hilary Weissman

Presidential Powers in the Time of Crisis
During times of war and/or the moments leading up to it, many United States presidents have expanded the powers mandated for them by the Constitution to the degree that they felt necessary in order to preserve the stability and safety of the nation.
Zeitgeist- The Constitution was written in such a way that government was split into three branches; Executive, Legislative and Judicial. This included the system of checks and balances that were created in order to prevent one branch from gaining more power than the other two, effectively creating another monarchy.
I. President Lincoln during the Civil War
- At the start of the Civil War, the President used his executive power to enlist 75,000 soldiers to stop the Southern rebellion, but extended his power further by suspending the privilege of the Writ to Habeas Corpus; or the right to petition for relief from unlawful imprisonment, in response to the many riots that were taking place and to prevent further insurrection.
- He also announced the Emancipation Proclamation in which all slaves residing in the Southern, seceded, states would be freed. It would normally seem beyond his power as President of the Union to declare the slaves of the Confederacy free.
II. President Roosevelt during World War II
- FDR began to subtly negate the previously instated Neutrality acts with policies such as Cash and Carry Act, Lend and Lease Act, and the Selective Service act, slowly aiding the allies and mobilizing for war
- As the war in Europe escalates, FDR becomes the first President to enter homes all across America via the radio and his ever-popular “Fireside Chats”. This everlastingly changed the role of the President and how much more accessible the Commander in Chief would become.
- The most famous and obvious example of FDR’s extension of powers was running for, and winning, the unprecedented third term as the war continued on.
II. President George W. Bush during the War on Terror
- After the September 11th attacks, what became known as the Bush Doctrine declaring a “preemptive war” is some-what controversial in that it is trying to prevent the “axis of evil” from growing, which includes many different countries to try and focus on.
- Many of Bush’s critics wonder if the Bush camp exaggerated the threat of “Weapons of Mass Destruction” in order to have an excuse to invade Iraq.
- Most recently, Bush has been pushing for a Surge of troops in Iraq to move the war along. While putting vast effort into an unpopular war is not new, there is a lot of confusion on just how many troops will be eventually sent (Congress estimates double the amount that Bush claims) and Congress is still too skeptical to fund it because the President has not released a definite exit plan from the war.

Danielle Volpe
Expansion of Presidential Powers in Times of Crisis
I. Lincoln - Civil War
-Lincoln understood his limitations and his strengths, at once willing to defer to men of demonstrably greater knowledge or ability yet willing to impose his authority over them. During wartime, Lincoln knew he would have to assume a greater responsibility and increase his presidential powers.
- Lincoln startled the country by suspending the Constitutional privilege of the Writ of Habeas Corpus. Habeas Corpus is the personal right that goes back to English common law, predating our own Constitution. In short, the Writ says that a person being arrested must be charged with a specific crime or he/she must be released. It is a safeguard against unlawful seizures and violation of due process.
-Antiwar Copperheads criticized him vehemently for refusing to compromise on slavery, declaring martial law, suspending the writ of habeas corpus, ordering arrests of 18,000 opponents, sacrificing the lives of hundreds of thousands of soldiers in the Civil War, and for unconstitutionally overstepping the bounds of executive power.
-In the minds of Lincoln's supporters, these actions were necessary to preserve the Union, and essential to the survival of the United States. The Southern leaders, however, condemned Lincoln, calling him a dictator and a man who would stop at nothing to gain total power.
-Roosevelt did not want to go to war, but he did want to support the British, who were already at war. When the Japanese attacked Pearl Harbor, he felt he didn't have a choice.
- When the Japanese began to threaten Southeast Asia, Roosevelt froze Japanese assets in the U.S. banks, resulting in a cutoff of Japanese oil supplies.
-Roosevelt displayed limitations in his handling of foreign policy. In the 1930's he was slow to warn against the menace of fascism, and during the war he relied too heavily on his charm and personality in the conduct of diplomacy.
III. George W. Bush - War on Terror
-military, political, and legal actions taken to "curb the spread of terrorism" following the September 11th attack on the World Trade Center.
-Some believe his actions in war are used to justify preemptive and perpetual war, and encourage human right abuses.
-In 2001 the United Nations Security Council adopted resolution 1373 which obliges all States to criminalize assistance for terrorist activities, deny financial support and safe haven to terrorists and share information about groups planning terrorist attacks. In 2005 the Security Council also adopted resolution 1624 concerning incitement to commit acts of terrorism and the obligations of countries to comply with international human rights laws
-Many have argued that Bush's excessive use of armed forces in Iraq has not only brought more terror into Iraq, but left them unable to fend for themselves and create a democratic government on their own.

Issue #10:
Noreen Shaikh

Separation of Powers and the Capacity to Govern
- Three equal branches in federal government created for the division of powers.
- Executive for making national decisions/controlling domestic affairs, Legislative for passing acts/bills/amendments/ representative of the citizenry, and Judicial for evaluating the enforcement of the Constitution.
- When presidential and congressional views differ, there is often a struggle for power. The congress can make legislation extremely difficult to pass and the president can use his veto power.
- Following reconstruction, there was a great deal of conflict in the federal government regarding how to deal the defeated South. The issue of re-admittance, Confederate leaders, and war payments all arose with much debate. Reconstruction followed two main phases:
o 1863-66: Pres. Lincoln and VP Johnson wanted
quick re-admittance, highly opposed by Radical Republicans in Congress who wanted to punish the South.
o 66-73= Congress (
Radical Republicans) takes over, emphasizing rights for all freedmen- passed 13th ,14th , and 15th amendments. (66-87 was controlled by South white supremacists)
FDR and Court packing
- Judiciary Reorganization Bill of 1937, or Court-packing Bill, when FDR signs into law the right for the president to appoint another justice to the Supreme Court for every member over 70. This gave the president a chance to add members of his own party and ensure the support of the judicial branch in his bold endeavours (especially because he lacked the support of Congress!)
o Intention: to replace the business-friendly, conservative members assigned by Harding and Coolidge. Needed justices that were willing to accept and promote change.
o Result: Success! By his second term, he has a Supreme Court who was sympathetic to the New Deal.
Watergate Crisis
- Administration had a wiretap of the Democratic Party’s headquarters, and got caught. The President was convicted and tried, placing him against the Judicial branch.
o Furthermore, a Senate Committee was established to investigate the break-in and trace its culprits, headed by Sam Ervin
o After evidence was recovered confirming the presidents and many of his close administrators, involvement in the affair, the Supreme Court found him guilty and the House of Reps. Impeached him.
• The voting bpoblem was that both sides tried to keep the other from voting. It was a question of allowing some or all ex-Confederates to vote. The moderates wanted virtually all of them to vote, but the Radicals repeatedly tried to impose an Ironclad oath, which would allow none to vote. Thaddeus Stevens proposed, unsuccessfully, that all ex-Confederates lose the vote for five years.
• These policys were based on lincons perception that the southern collonies had never left the union to begin with.
FDR and Court Packing
• This was when FDR made the atempt to pack the courts in order to make hem les conservative when it came to passing his laws.
• Franklin Roosevelt, seeking a way to ensure his legislative agenda after the Supreme Court of the United States repeatedly invalidated elements of his New Deal by 5-4 decisions on the grounds that they were unconstitutional, including the Agricultural Adjustment, National Recovery Administration and others.
• The U.S. Constitution is silent as to how many justices may serve on the Court at any given time. Instead, the Constitution simply provides that the justices will uphold the constitution without specifying the number of justices on that Court.
• Watergate has come to encompass an array of illegal and secret activities undertaken by Nixon or his aides during his administration. Some of these began as early as 1969, when Nixon and Kissinger tapped the phones of numerous journalists and administration officials in an effort to stop internal administration information leaks to the press.
• The FBI had determined that Nixon's aides had spied on and sabotaged numerous Democratic presidential candidates as a part of the operations that led to the Watergate scandal.

Jake Rosenbaum
I. Introduction
A. Separation of powers as a constantly changing check on governmental power
B. Role of executive, judicial, and legislative branches have reflected general trends over time
II. Reconstruction
A. Executive: Lincoln-radical reconstruction, military reconstruction, Johnson-veto programs (Freedman’s Bureau) etc. Hayes- end reconstruction (compromise 1877)
B. Legislative: Attempt to impeach Johnson due to his constant vetoing of reconstruction policies and his soft treatment of ex-confederates
C. Judicial: 13, 14, 15 amendment, however overturned civil rights legislation. 14th amendment allowed decision in Plessey v Fergusson-“avoid” public discrimination by separate but equal facilities
III. FDR and Court Packing
A. Executive: FDR attempts to increase his role single-handedly over Congress in order to ensure the passage of New Deal legislation
B. Legislative: By rejecting proposal, reaffirms the Constitutional role of the legislative branch and reasserts the power of Congress
C. Judicial: FDR’s proposal makes it seem as if the Court is at the whim of the Presidency. Congress rejecting his proposal upheld judicial importance and pertinence in relationship to the other governmental branches
IV. Nixon and the Watergate Crisis
A. Executive: Crisis damaged the prestige of the presidency and undermined confidence in our nation’s President. However, Nixon was still able to appoint a successor (Gerald Ford), signifying that despite the crisis, the President still remained an important figure. Nixon also flexed his power claiming that he had the constitutional power of “executive privilege”, refusing to hand over potentially incriminating tapes of conversations. Nixon also engaged in the “Saturday Night Massacre”, unreasonably firing special prosecutors from the Watergate investigation.
B. Congress: By impeaching the President, Congress wielded its power and proved that it would not tolerate unlimited Presidential power.
C. Judicial: Supreme Court case U.S. v Nixon, ruled that “executive privilege” was void, Nixon must hand over tapes (Justice Rehnquist)

Issue #11:
Janet Hui

Neha Singh
Avenues of Representation
The continuing expansion of American democracy through the process of amending the Constitution
- early Constitutional issues of representation found with Great Compromise-- representation for each statel founding of Senate (fixed number of representatives) and HOR (based on population)
- 3/5 Compromise: each slave originally counts as 3/5 a person in terms of taxation and representation

Electing Officials
- 17th amendment allowing direct election of senators passed in 1911
- originally, senators elected by state legislatures
- part of Progressive movment to eliminate the corruption between greedy corporations and Congress by putting more power in the hands of the people

Expansion of Suffrage
African Americans
- granted after Civil War with 15th amendment; all citizens regardless of race can vote
- however hindered by Jim Crow laws, poll taxes, grandfather clauses, etc. until mid-1900s
- LBJ passes Voting Rights Act of 1965 to help outlaw literacy tests and encourage black voters
- early call for suffrage in Senaca Falls Convention
- many western states allow for women's suffrage before 1900 and the ratification of 19th amendment
- suffrage granted with 19th amendment in 1919
- voting age lowered to 18 with 26th amendment in 1971
- response to claims that young men in Vietnam were "old enough to die, but too young to vote"

Issue #12:

Kerry O'Reilly

Jianna Zhang

Property Rights and Economic Policy

- Capitalistic government
- Creates a social Darwinist atmosphere where the poor suffer and the rich get richer
- At what point does the government have to interfere and help out the poor. Is that the government’s job?
  1. Anti-Trust Legislation
    - Sherman Antitrust Act, 1890, first measure passed by the U.S. Congress to prohibit trusts.
    - Theodore Roosevelt Believed that trusts should be separated into good and bad trusts.
    - In 1902, President Roosevelt shocked financiers on Wall Street with his decision to approve the government's lawsuit against Northern Securities, a large and recently merged western railroad company, for violating the Sherman Anti-Trust Act.
    - Roosevelt's "busting" of the Standard Oil trust became a major point in history.
    - During the Taft administration, more than twice the number of antitrust suits were instigated than under Roosevelt.
    - Major victories were won against Standard Oil of New Jersey and the American Tobacco Company (both initiated under TR), the Sugar Trust and U.S. Steel.
    - By 1911, Taft began to back away from his efforts to tame the trusts. Taft also feared that trust-busting was beginning to have a negative impact on the overall economy
  2. Hoover Policy vs. New Deal.
    - Hoover, at the beginning of the great depression was a firm believer in the economy improving itself and the need to wait it out
    - People grew restless of this plan and thus voted for a Roosevelt who planned to start public works projects, and give direct aid through the newly developed welfare system
    - Roosevelt plunged the nation into debt with his deficit spending to help the poor.
    - Criticized for not being a long term plan, what will the nation do to get out of debt (solving one problem by creating another.)
    - However, Franklin Roosevelt won the support of the common men as it is shown that at least someone is making an attempt to help out the economy.
  3. Supply Side Economics (Reaganomics)
    - Reagan's 1981 Program for Economic Recovery had four major policy objectives:
    a) Reduce the growth of government spending.
    b) Reduce the marginal tax rates on income from both labor and capital
    c) Reduce regulation
    d) Reduce inflation by controlling the growth of the money supply.
    - These major policy changes, in turn, were expected to increase saving and investment, increase economic growth, balance the budget, restore healthy financial markets, and reduce inflation and interest rates.
    - Aid of the rich by cutting income taxes (16th Amendment)
    - Trickle down theory that it would eventually reach the poor because the rich would invest.
    - Practiced under Mellon in the 1920’s and Reagan.
    - Criticized for ignoring the poor and being pro-rich only.
  4. Big Business Relations
    - Right to property leads to right to do whatever you want with your business which made government reluctant to interfere with businesses.
    - Captains of Industry in the nineteenth century often abused their laborers forcing them to work long hours for low wages at unsafe jobs.
    - Formation of labor unions (AFL, Knights of Labor and NLU) who tried to get the federal government to create 8 hour working day and minimum wage and protection from unfair contractions.
    - National labor relations act 1935- gave right of collective bargaining.
    - Norris La Guardia act of 1932 made yellow dog contracts illegal.

Issue #13:
Constitutional change and Flexibility

A. “Elastic Clause”
a. Alexander Hamilton proposed that just because something wasn’t in the constitution didn’t mean it couldn’t be done.
b. Formation of national bank-not written in constitution
c. Louisiana Purchase, under Jefferson, gave US port of New Orleans, and other territory, doubling size of US at time, unwritten in constitution if buying territory is constitutional.

B. “Unwritten Constitution”
a. Based upon precedents of previous presidents ( not in the constitution)
b. Washington’s presidential cabinet- all other presidents have
c. Formation of political parties
C. “Judicial Review”
a. Based on the Supreme Court case of Marbury vs. Madison
b. Court has final say in interpreting laws and determining if a law is unconstitutional.
1. Miranda vs. Arizona
2. Brown vs. The Board
Judicial Review
- Mid‐twentieth‐century judicial review emphasizes the Supreme Court's predominance over the executive and the legislative branches of the federal government and the states in matters of constitutional interpretation.
- Recently (as in the 21st century) the Court has shifted its attention
away from civil liberties to separation of powers , an area in which the authority of judges is grounded in the expectations of the founders and the canons of constitutional philosophy.
- The Court will continue to exercise judicial review; the constitutional order demands as much. In this sense, the lessons taught by the history of the Supreme Court and judicial review have nothing to do with the framers' intentions.
The past speaks to the present in another way. Americans can —and will** —debate the legitimacy of judicial review, but they should know that dialogue noursihes their distinctive experiment in constituionalism. Americans have never taken judicial review for granted, and they never can.