Supreme CourtSupreme Court

► ►Highest court in the Highest court in the landland

► Final interpretation Final interpretation of Constitutionof Constitution

► Judges appointed by Judges appointed by _________ with _________ with ________ approval! ________ approval!

► ““Equal Justice Under Equal Justice Under the Law”the Law”

The Supreme Court!The Supreme Court!

TOTD 4/24:TOTD 4/24:

Do you agree or Do you agree or disagree with the disagree with the Fact that the Fact that the Supreme Court Supreme Court Justices have that Justices have that job for life. job for life.

Explain. =)Explain. =)

Court Story TimeCourt Story Time

Who are these people?Who are these people?

►All have heavy All have heavy experience with experience with lawlaw

►Appointed for LIFE Appointed for LIFE (hey, most are old)(hey, most are old)

►Youngest: John G Youngest: John G Roberts (middle) Roberts (middle)

►Also the Chief Also the Chief Justice!Justice!

►Born in 1955Born in 1955

►

Decisions are accompanied Decisions are accompanied with a written opinion: with a written opinion:

► ►Majority Opinion:Majority Opinion: opinion that opinion that represents over half represents over half of the justicesof the justices

►Dissenting Opinion:enting Opinion: opinion going opinion going against the majorityagainst the majority

► Concurrent Opinion:Concurrent Opinion: opinions SHARED by opinions SHARED by bothboth

Turn to page 35! Let’s hear some court cases!

Marbury v. Madison

Issue: Power of judicial review

► 18031803► RulingRuling::

Judicial Review:Judicial Review: gave courts Power to gave courts Power to declare a law or an act declare a law or an act UNCONSTITUTIONALUNCONSTITUTIONAL

Supreme Court is Supreme Court is finalfinal judge on constitutional judge on constitutional issues.issues.

Made Judicial branch = to the L & E branches!

--McCulloch v Maryland

--1819 the US had a Federal Bank, Bank of US.

-- state of Maryland voted to tax all bank Biz not done with state banks,

--so if you lived in MD but used a bank in another state you would be TAXED!

--McCulloch worked in the Baltimore branch of bank of US --he REFUSED to pay the TAX!

-- State of Maryland sued McCulloch!

McCulloch v. Maryland

Issue: Implied Powers of National Government and Supremacy Clause

►1819► RulingRuling

Federal government is supreme over state government

Allowed for a broad Allowed for a broad interpretation of interpretation of constitution: constitution:

IMPLIEDIMPLIED POWERSPOWERS

GIBBONS V OGDEN

1824

Gibbons v. Ogden

Issue: Federal control over Interstate Commerce

► 18241824► The key question in this case is The key question in this case is

who should have power to who should have power to determine how interstate determine how interstate commerce is conducted: the commerce is conducted: the state governments, the national state governments, the national government, or both?government, or both?

►Congress has power to regulate interstate commerce (trade b/w states)(trade b/w states)

► Broke up steamboat Broke up steamboat monopolymonopoly

► Supremacy Clause Supremacy Clause (Article VI)(Article VI)

Dred Scott v. Sanford

Issue: Federal attempts to control slavery

► 18571857► Being a citizen of a Being a citizen of a

state (slave or non-state (slave or non-slave state) didn’t slave state) didn’t make a person a make a person a U.S. citizenU.S. citizen

►Only Only CongressCongress can can grant American grant American citizenshipcitizenship

Plessy v. Ferguson

Issue: 14th Amendment and Segregation

► 18961896► 1414thth amendment amendment

guarantees guarantees racial racial equalityequality in legal in legal terms, terms, not social not social mattersmatters

►““separate but separate but equal”equal”

Does Treating People Equally Mean Treating Them the Same?

Schenck v. US

Issue: 1st Amendment rights

► 19191919► Limited free speech Limited free speech

when it presents a when it presents a CLEAR and CLEAR and PRESENT DANGERPRESENT DANGER

► defendant, Charles Schenck, defendant, Charles Schenck, a Socialist, circulated a flyer a Socialist, circulated a flyer to recently drafted men. to recently drafted men. The flyer, which cited the The flyer, which cited the Thirteenth Amendment's Thirteenth Amendment's provision against provision against "involuntary servitude," "involuntary servitude," exhorted the men to "assert exhorted the men to "assert [their] opposition to the [their] opposition to the draft,“draft,“

► Schenck was charged with conspiracy to violate the Espionage Act of 1917 by attempting to cause insubordination in the military and to obstruct recruitment.

Korematsu v. US

Issue: Detainment of Japanese American citizens during WW II

► 19451945► Japanese-American Japanese-American

relocation camps relocation camps were found to be were found to be constitutional!!constitutional!!

                                                                                                            

Brown v Board of Education

Issue: Segregation and 14th Amendment

► 19541954► Separate but equalSeparate but equal

was ruled was ruled UNUN--constitutionalconstitutional

►OverturnedPlessy v.

Ferguson► School School

DEsegregationsegregation

                                                                                                            

Gideon v. Wainwright

Issue: Right to an Attorney

► 19631963► Accused has the Accused has the

right to be right to be advised advised of their rightsof their rights

► Accused will get a Accused will get a court-appointed court-appointed attorneyattorney if he/she if he/she can’t afford onecan’t afford one

► Freedom from Freedom from self-self-incrimination (5th) incrimination (5th)

Mapp v. Ohio

Issue: Search Warrants

► 19611961► 44thth Amendment Amendment► ProhibitionProhibition of of

unreasonable unreasonable search and seizuresearch and seizure

► States States nor nor federal federal governments can governments can use illegally use illegally obtained evidenceobtained evidence

Abington Schools v. Schempp

Issue: Religion in schools

► 19631963►Declared school Declared school

sponsored sponsored Bible reading in Bible reading in public schools public schools UNCONSTIUTIONAL

► Favor of Edward Favor of Edward SchemppSchempp

Reynolds v. Sims

Issue: Equal Representation in State Government

► 19641964

►““One man, one One man, one vote”vote”

►Reapportionment of election districtsof election districts

                                                                                                            

Roe v. WadeRoe v. Wade

►19731973► Jane Roe, unmarried Jane Roe, unmarried

and pregnant who and pregnant who wanted an abortionwanted an abortion

► But texas law made it But texas law made it illegal to abort a fetusillegal to abort a fetus

► Filed a suit to challenge Filed a suit to challenge the law the law

► Issue:Issue: first trimester (3 months) abortion is up to the woman and her physician

►Abortion is Abortion is legalizedlegalized

►Most controversial Most controversial casecase

New Jersey v. TLONew Jersey v. TLO► 19851985► Teacher at a high Teacher at a high

school caught girls school caught girls smoking in the smoking in the bathroombathroom

► Allowed to smoke in Allowed to smoke in some areas but not some areas but not b-roomb-room

►One said (tlo) she One said (tlo) she was smoking the was smoking the other said she other said she wasn’t.wasn’t.

► Principal told TLO to give Principal told TLO to give him her pursehim her purse

► Found cigs and rolling Found cigs and rolling paperspapers

► Thought she was using…Thought she was using… MarijuanaMarijuana

► Decided to search her purse Decided to search her purse even more! even more!

► Found weed, pipe, list of Found weed, pipe, list of names names

► Upheld 4th amendment! Appropriate Search

and seizure applies to public schools too