Supreme Court The Federal Court system is established in the Constitution The jurisdiction, or...
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Supreme Court Landmark Cases Mr. Raymond
Supreme Court The Federal Court system is established in the Constitution The jurisdiction, or authority to hear and decide a case, is also established
The Federal Court system is established in the Constitution The
jurisdiction, or authority to hear and decide a case, is also
established (III, 2, 1)
Slide 4
Supreme Court Justices Factoid: 4 out of 9 justices must vote
to hear a case When the Supreme Court wants to review a case they
must file a petition for writ of certiorari
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Supreme Court Cases
Slide 6
Marbury vs. Madison 1803 Does the Judiciary Act of 1783 allow
Marbury to take his case directly to the Supreme Court? No, the law
is declared unconstitutional Establishes Judicial Review The
Constitution is the supreme law of the land. The judicial branch
has a duty to uphold the Constitution. Thus, it must be able to
determine when a law conflicts with the Constitution and to nullify
laws that do.
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Effects of Judicial Review
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14 th Amendment Cases
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Plessy vs. Ferguson - 1890 14 th Amendment Equal protection
under the law Is it legal to separate blacks & whites on
railroad cars? Yes, they can be separate but equal legalized
segregation.
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Issue: Segregation and 14 th Amendment Court Ruling:
SEGREGATION DECLARED ILLEGAL Overturned Plessy v. Ferguson This
case began in 1950, when the National Association for the
Advancement of Colored People (NAACP) tried to bring an end to
segregation in the public schools. The schools were supposed to be
separate but equal, but the states were not ensuring that these
separate facilities were actually equal. The Supreme Court ruled
unanimously that segregation of the public schools was
unconstitutional based on the 14 th Amendment. Even if the schools
were equally new and the teachers equally paid, segregation in
schools caused harm to African Americans by marking them with a
badge of inferiority. The Court concluded that in the field of
public education, the doctrine of separate but equal has no place.
It also went on to say that Separate facilities are inherently
unequal. This court case overturned the Plessy decision, and it
declared that segregation by law is illegal. Brown vs. Board of
Education - 1954
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1 st Amendment Cases
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Tinker vs. Des Moines - 1969 Can a school suspend a student for
wearing an armband protesting the Vietnam War? No, it would violate
freedom of expression (speech) students do not shed their rights at
the schoolhouse gate http://www.oyez.org/cases/1960-
1969/1968/1968_21
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Hazelwood v. Kuhlmeier - 1988 Facts of the case -THE SPECTRUM,
the school-sponsored news paper of Hazelwood East High School, was
written and edited by students. - The Principal, received the proof
of the May 13 th issue and found that two of the articles were
inappropriate - He ordered that the pages on which the articles
appeared by withheld from publication - Cathy Kuhlmeier and two
other former Hazelwood students brought the case to court Question
Presented - Did the deletion of the articles violate the students 1
st Amendment right? Conclusion - NO, school newspapers are
sponsored by the school and articles not directly reflecting the
view of the school for learning purposes can be deleted from the
paper.
http://teacher.scholastic.com/scholasticnews/indepth/upfront/features/index.asp?a
rticle=f090307_Teen_Supremes1
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Rights of the Accused 4 th 8 th
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Gideon vs. Wainright - 1963 Can courts refuse to give you a
lawyer if you are too poor to afford one? No, one must be appointed
for you
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Mapp v. Ohio - 1961
http://www.annenbergclassroom.org/page/search-and-seizure-mapp-v-ohio
Can the police search your house without a search warrant? No, that
would be a violation of your 4 th Amendment civil rights
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Miranda v. Arizona - 1966
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United States v. Nixon - 1974 Question Is the President's right
to safeguard certain information, using his "executive privilege"
confidentiality power, entirely immune from judicial review?
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Bush v. Gore - 2000 In a decision that effectively resolved the
dispute surrounding the 2000 presidential election in favor of
George W. Bush. Only eight days earlier, the United States Supreme
Court had unanimously decided the closely related case of Bush v.
Palm Beach County Canvassing Board, 531 U.S. 70 (2000), and only
three days earlier, had preliminarily halted the recount that was
occurring in Florida.
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End of course!! Which of the following is the power to say
whether any federal, state or local law or government action goes
against the Constitution? a. judicial review b. judicial
interpretation c. Supreme Court review d.veto power
Slide 21
End of course!! How many justices must vote to hear a Supreme
Court case? A.2 out of 9 B.3 out of 9 C.4 out of 9 D.5 out of
9
Slide 22
End of course!! Which power was given when Chief Justice John
Marshall declared actions by the executive branch unconstitutional?
a)the appellate court b)judicial review c)original jurisdiction
d)executive branch decision
Slide 23
End of course!! Justice Marshall established in his laws of
judicial review that the Constitution was which of the following?
a.supreme law of the land b.flexible and open to interpretation
c.to be read carefully d.amendable
Slide 24
End of course!! Which of the following is filed when a Supreme
Court asks to review a decision of a lower court? a.summary
judgment b.court order c.petition for writ of certiorari d.judicial
review
Slide 25
End of course!! Which of the following reasons is the most
significant component about the powers of judicial review to the
Judicial Branch? a. equal power as the Executive and Legislative
Branches b. the power to eliminate unconstitutional laws c. the
power to impeach a president d. the power to write and control new
laws
Slide 26
End of course!! Congress proposes an amendment legalizing an
income tax. The Supreme Court rules that the income tax is
unconstitutional. These events illustrate the use of which of the
following? a. delegated powers b. checks and balances c. judicial
legislation d. unwritten constitution
Slide 27
End of course!! Which case would most likely be heard by the
U.S. Supreme Court? a lawsuit to stop construction of a new highway
near an elementary school b. an appeal of a murder conviction c. a
case in which a defendants rights are denied and the case is
further appealed d. a case in which there is a hung jury
Slide 28
End of course!! Which case extended the Fourteenth Amendments
guarantee of equal protection under the law? a. Plessy v. Ferguson
(1896) b. Brown v. Board of Education of Topeka, Kansas (1954) c.
Engel v. Vitale (1962) d. Tinker v. Des Moines School District
(1969)
Slide 29
End of course!! Which Supreme Court case resulted in what was
known as the separate but equal doctrine? a. Plessy v. Ferguson
(1896) b. Brown v. Board of Education of Topeka, Kansas (1954) c.
Engel v. Vitale (1962) d. Tinker v. Des Moines School District
(1969)
Slide 30
End of course!! Supreme Court decisions in Mapp v. Ohio, Gideon
v. Wainwright, and Miranda v. Arizona affected individual liberties
by doing which of the following? a. eliminating the poll tax as a
voting requirement b. preventing the use of organized prayer in
public schools c. requiring equal pay for men and women performing
the same job d. expanding the constitutional rights of people
accused of crimes
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End of course!! We conclude that in the field of public
education the doctrine of separate but equal has no place. Separate
educational facilities are inherently unequal. -Brown v. Board of
Education (1954) Which constitutional idea was the basis for this
Supreme Court decision? a. protection against double jeopardy b.
equal protection of the law c. freedom of speech d. right of
assembly
Slide 32
End of course!! Which headline below best illustrates judicial
review? a. Congress Passes a Civil Rights Bill b. Conference
Committee Meets to Finalize Budget c. New York States
Reapportionment Plan Ruled Unconstitutional d. President Signs SALT
Agreement with Russia
Slide 33
End of course!! Which of the following is filed when a Supreme
Court asks to review a decision of a lower court? a.summary
judgment b.court order c.petition for writ of certiorari d.judicial
review
Slide 34
End of course!! The Supreme Court decisions in Gideon v.
Wainwright (1963) and Miranda v. Arizona (1966) have been
criticized because these rulings decided which of the following? a.
expanded the rights of the accused b. granted more powers to
federal judges c. lengthened prison sentences for the guilty d.
reinstated the use of capital punishment