The Bill of Rights & Judicial Review

The Bill of Rights & Judicial Review Civil Liberties and Civil Rights & Interpreting the Constitution through the process of Judicial Review

Adding information to your thinking map!

Privacy and School Lockers • Let’s discuss the 4th Amendment and the PREVIEW for this chapter… The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Civil Liberties and Civil Rights Examples Examples

Role of Supreme Court today

The State of the First Amendment • Survey conducted since 1997 to gauge Americans views on the rights expressed in their first Amendment rights. • There are 11 questions you will answer and then we will compare them to the results from a 2006 survey of 1,000 randomly chosen Americans.

Question #1 • Can you name any of the specific rights that are guaranteed by the First Amendment?

Question #2 • Read the 1st Amendment as it is written. Based on your own feelings, please tell me whether you agree or disagree with the following statement: The First Amendment goes too far in the rights it guarantees. • Strongly agree • Mildly agree • Mildly disagree • Strongly disagree

Question 3 • Overall, do you think the press in America has too much freedom to do what it wants, too little freedom to do what it wants, or is it the right amount of freedom the press has? • Too much freedom • Too little freedom • About right

Question #4 • Newspapers should be allowed to freely criticize the U.S. military about its strategy and performance. • Strongly agree • Mildly agree • Mildly disagree • Strongly disagree

Question #5 • Musicians should be allowed to sing songs with lyrics that others might find offensive. • Strongly agree • Mildly agree • Mildly disagree • Strongly disagree

Question #6 • People should be allowed to say things in public that might be offensive to religious groups. • Strongly agree • Mildly agree • Mildly disagree • Strongly disagree

Question #7 • People should be able to say things in public that might be offensive to racial groups. • Strongly agree • Mildly agree • Mildly disagree • Strongly disagree

Question #8 • Please tell me which one of the statements you agree with the most: • Newspapers should be allowed to publish sensitive and classified government information. • Newspapers should be allowed to publish sensitive and classified government information only when it exposes government wrong doing. • Newspapers should not be allowed to publish sensitive and classified government information.

Question #9 • Newspapers should honor government requests to withhold publishing information that might hurt efforts to win the war on terrorism. • Strongly agree • Mildly agree • Mildly disagree • Strongly disagree

Question #10 • Even during wartime, the press should be allowed to publish stories that criticize the actions of the government. • Strongly agree • Mildly agree • Mildly disagree • Strongly disagree

Question #11 • Even during wartime, political candidates should be allowed to criticize the actions of government while campaigning. • Strongly agree • Mildly agree • Mildly disagree • Strongly disagree

Judicial Review and the 1st Amendment • Let’s look at: Hazelwood v. Kuhlmeier (1988) & the Precedent Cases (case involving similar question about a violation of the Constitution (Bill of Rights) • Cantwell v. State of Connecticut (1940) • Epperson v. Arkansas (1968) • Tinker v. Des Moines (1969) • Review and Read Case • Read the precedent cases • Answer the question (highlighted on case sheet) the Supreme Court had to answer in deciding the outcome of the case • Be sure to use the Constitution to support your decision • Be sure to reference the precedent case(s)

How are your rights defined and protected under the Constitution? • A high school girl was taken to the principal’s office for smoking in the lavatory. She denied smoking, even claiming to be a nonsmoker. A search of her purse revealed not only cigarettes, but evidence that she was selling marijuana. In juvenile court, she said that the evidence came from an illegal search. Read the excerpts from the Supreme Court decision in her case…

How are your rights defined and protected under the Constitution? • Use the following questions to help you answer the Essential Question above: • What was the first question the Supreme Court considered in the decision? How did it answer that question? • Whose rights and needs did the Court seek to balance in its decision? • The Court set a new standard in this case in concluding that a search of students at school is allowed under the 4th Amendment. What is that standard? • Based on the standard set in New Jersey v. T.L.O., are random checks of school lockers constitutional? Explain your reasoning. • Write your response in paragraph form, typed, and checked for spelling and grammar precision!

The Bill of Rights & Judicial Review