Social Studies: US Constitutional Law
| Principle | Example #1 | Example #2 | Example #3 |
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Cases are hard because principles conflict, precedents send mixed messages, and facts and circumstances are complicated. |
Property is a fundamental constitutional value but its weight relative to community interests has waxed and waned. From Fletcher v Peck to
Charles River Bridge and Munn to Lochner to West Coast Hotel. |
A constitutional right to privacy postulated by Brandeis in 1895 did not become law until the 1960s and has since been interpreted in many different ways from
Socity of Sisters to Griswold to Rowe to Akron to Casey to Romer to…. |
The establishment and free exercises clauses are at war with each other as demonstrated in a long line of cases from Eversen to
Yoder to Employment division |
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The choice of interpretive method, Doctrine or stance on the judicial restraint spectrum is can be driven by partisan bias rather Than legal analysis.
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The left was all for judicial restraint during the early New Deal, but all for judicial activism in the 1950s and 1960s. |
The right is all for judicial restraint when it comes to interfering with legislation enshrining traditional moral values and all for judicial activism when legislation incorporates modern sensibilities.
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Currently, Left is for judicial restraint when it comes to comes to property rights And judicial activism when it comes to Cultural freedoms..The Right is the opposite. |
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The Constitution Says very little about the judiciary.
Utterly absent is the idea of 3 co-equal branches.
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Judicial review was invented by John Marshall in the controversial case of Marbury v Madison, held by Thomas Jefferson and many others to be bad law. |
The rule of 9 and the rule of 5 are nowhere to be found.
Judicial supremacy Is a Supreme Court Invention.
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No age limit or qualifications to be a Supreme Court judge.
A 24 year old Used car salesman would qualify. |