20 Mar Constitutional Law

Answer one (1) of the following questions. Make sure you address all parts of the question, critically evaluate (where possible) both conventional and alternative views, provide examples, specifically integrate readings, class discussions, and Court cases, and clearly indicate your own views. You will not be graded on which conclusion you draw, but rather on the quality of your discussion. Do not do research beyond the materials assigned for class. Do not use footnotes; if you use quotes, do so sparingly, and merely place the author’s name in parenthesis after the quotation. Do not use dictionary definitions to define your terms; instead use the political definitions presented in the course.

(1) The early years of Constitutional history and development were important for setting out the direction for the Supreme Court, the Constitution, and the nation. In examining the history and Court cases of the period through the early 1850s (up to the Cooley case), how did judicial power arise, what trends emerged, what were the Court’s objectives, who did they benefit, and why did they occur? What implications did they have for federalism, the U.S. economy, and for the distribution of political and economic power? Make sure you integrate the major Supreme Court cases, the most prominent constitutional provisions (e.g., the contract clause and the interstate commerce clause), and the major Supreme Court doctrines of this period (the Marshall years and the Taney years, excluding the slavery and war powers cases), and examine them politically as well as historically. Conclude with your own observations about the significance of these developments.

(2) The period immediately preceding, during and immediately following the U.S. Civil War was a tumultuous one for the Constitution, putting it through major new tests and challenges, particularly in the areas of slavery, war powers, and post-war civil liberties. Discuss the major constitutional issues and cases emerging during this period (from the Prigg case to the Plessy case), making sure to integrate the appropriate Court cases and to examine issues such as slavery, property, the Civil War and war powers, Reconstruction, and civil rights. Discuss "who got what" from the constitutional politics of the time, and evaluate the results using your own opinions. Make sure you specifically integrate the applicable course readings into your discussion.

Cases we’ve discussed that you can use:

Cox v Fresia

Marbury v Madison 1803

McCulloch v Maryland 1819

Dartmouth v Woodward 1819

Gibbons v Ogden (1824)

Dred Scott v Sanford (1857)

Plessy v Ferguson 1896

Prize Cases (1863)

Civil Rights Cases (1883)

U.S. v. E.C. Knight (1895)

Lochner v. New York (1905)

The Slaughterhouse Cases (1873)

Munn v. Illinois (1877)