Explain what a precedent is. Identify three precedents to the United States Constitution.
I figured out what a precedent is after I posted this question, but I can't figure out any for the US constitution.
Here's one:
https://www.loc.gov/exhibits/magna-carta-muse-and-mentor/magna-carta-and-the-us-constitution.html
What else can you think of? Go back into your text and read, read, read.
What about ratifying the constitution?
How is that a precedent? Did the English have such an idea in any of their government documents that are echoed here? Or someone else?
What about this?
Precedent means "a decision that can be legally used due to the current situation"
For example, in the US constitution:
1) "The Ratification of the Conventions of 9 states, shall be sufficient for the Establishment of this Constitution between the states so ratifying the Same"
2) "All debts contracted and Engagements entered into, before the adoption of this constitution, shall be as valid against the US under this Constitution, as under the Confederation"
3) "No person held to Service or Labour in One state, under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labour, but shall be delivered up on claim of the Party to whom such Service or Labour may be due".
A precedent refers to a previously decided case or legal ruling that serves as a guide for future cases to establish consistency and predictability in the application of the law. Precedents help to interpret and understand the Constitution and other statutory laws. They provide a framework for judges and other legal professionals to make informed decisions by looking at how similar issues have been resolved in the past.
Identifying specific precedents to the United States Constitution can be challenging as there are numerous cases that have contributed to the development of constitutional interpretation. However, I can provide you with three important precedents that have significantly impacted the interpretation of the Constitution:
1. Marbury v. Madison (1803): This landmark case established the principle of judicial review, which allows the Supreme Court to interpret the Constitution and determine the constitutionality of laws passed by Congress or actions taken by the President. It solidified the Court's power to declare laws unconstitutional.
2. Brown v. Board of Education (1954): This case marked a turning point in the fight against racial segregation by declaring that separate educational facilities for white and African American students were inherently unequal. It overturned the "separate but equal" doctrine established by the earlier Plessy v. Ferguson case (1896) and paved the way for desegregation and civil rights movements.
3. Roe v. Wade (1973): In this case, the Supreme Court recognized a woman's constitutional right to have an abortion, based on a woman's right to privacy. This ruling set legal guidelines for states to regulate abortion and remains a highly controversial and debated precedent.
To identify additional precedents, you can research prominent Supreme Court cases that have had a lasting impact on the interpretation of the Constitution. Each case builds upon previous decisions, shaping the ongoing development of constitutional law.