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Supreme Court

Supreme Court. Highest court in the land Final interpretation of Constitution Judges appointed by _________ with ________ approval! “Equal Justice Under the Law”. The Supreme Court!. Who are these people?. All have heavy experience with law Appointed for LIFE (hey, most are old)

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Supreme Court

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  1. Supreme Court • Highest court in the land • Final interpretation of Constitution • Judges appointed by _________ with ________ approval! • “Equal Justice Under the Law”

  2. The Supreme Court!

  3. Who are these people? • All have heavy experience with law • Appointed for LIFE (hey, most are old) • Youngest: John G Roberts (middle) • Also the Chief Justice! • Born in 1955

  4. Decisions are accompanied with a written opinion: • Majority Opinion: opinion that represents over half of the justices • Dissenting Opinion: opinion going against the majority • Concurrent Opinion: opinions SHARED by both

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

  6. 1803 Ruling: Judicial Review: gave courts Power to declare a law or an act UNCONSTITUTIONAL Supreme Court is final judge on constitutional issues. Made Judicial branch = to the L & E branches! Marbury v. Madison Issue: Power of judicial review

  7. --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!

  8. 1819 Ruling Federal government is supreme over state government Allowed for a broad interpretation of constitution: IMPLIEDPOWERS McCulloch v. Maryland Issue:Implied Powers of National Government and Supremacy Clause

  9. GIBBONS V OGDEN 1824

  10. Gibbons v. Ogden 1824 The key question in this case is who should have power to determine how interstate commerce is conducted: the state governments, the national government, or both? Congress has power to regulate interstate commerce (trade b/w states) Broke up steamboat monopoly Supremacy Clause (Article VI) Issue: Federal control over Interstate Commerce

  11. 1857 Being a citizen of a state (slave or non-slave state) didn’t make a person a U.S. citizen Only Congress can grant American citizenship Dred Scott v. Sanford Issue:Federal attempts to control slavery

  12. Plessy v. Ferguson 1896 14th amendment guarantees racial equality in legal terms, not social matters “separate but equal” Issue:14thAmendment and Segregation Does Treating People Equally Mean Treating Them the Same?

  13. 1919 Limited free speech when it presents a CLEAR and PRESENT DANGER defendant, Charles Schenck, a Socialist, circulated a flyer to recently drafted men. The flyer, which cited the Thirteenth Amendment's provision against "involuntary servitude," exhorted the men to "assert [their] opposition to the 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. Schenck v. US Issue:1st Amendment rights

  14. Korematsu v. US 1945 Japanese-American relocation camps were found to be constitutional!! Issue: Detainment of Japanese American citizens during WW II

  15. 1954 Separate but equal was ruled UN-constitutional Overturned Plessy v. Ferguson School DEsegregation Brown v Board of Education Issue:Segregation and 14thAmendment

  16. Gideon v. Wainwright 1963 Accused has the right to be advised of their rights Accused will get a court-appointed attorney if he/she can’t afford one Freedom from self-incrimination (5th) Issue: Right to an Attorney

  17. 1961 4th Amendment Prohibition of unreasonable search and seizure States nor federal governments can use illegally obtained evidence Mapp v. Ohio Issue: Search Warrants

  18. Abington Schools v. Schempp Issue: Religion in schools • 1963 • Declared school sponsored Bible reading in public schools UNCONSTIUTIONAL • Favor of Edward Schempp

  19. 1964 “One man, one vote” Reapportionmentof election districts Reynolds v. Sims Issue: Equal Representation in State Government

  20. 1973 Jane Roe, unmarried and pregnant who wanted an abortion But texas law made it illegal to abort a fetus Filed a suit to challenge the law Issue:first trimester (3 months) abortion is up to the woman and her physician Abortion is legalized Most controversial case Roe v. Wade

  21. 1985 Teacher at a high school caught girls smoking in the bathroom Allowed to smoke in some areas but not b-room One said (tlo) she was smoking the other said she wasn’t. Principal told TLO to give him her purse Found cigs and rolling papers Thought she was using… Marijuana Decided to search her purse even more! Found weed, pipe, list of names Upheld 4th amendment! Appropriate Search and seizure applies to public schools too New Jersey v. TLO

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