The photograph below was taken in Jacksonville in 1948. Bell Ringer 02/2/2018 The photograph below was taken in Jacksonville in 1948. What do you think is going on in this photograph? What is the issue on which it is focusing? How do you know? How do you think the people in this photograph feel? http://www.floridamemory.com/items/show/52962 Explain to students that this photograph was taken in Jacksonville in 1948. Pose the following questions for discussion: “What do you think is going on in this photograph? What is the issue on which it is focusing? How do you know? How do you think the people in this photograph feel?” Lead students to the understanding that they are looking at an example of how the idea of “separate but equal” was interpreted.

Bell Ringer 2/19/2016 Visual Discovery – Examine the newspaper front-page and answer question #1-3 What is the headline in the photograph about? How do you know? Why do you think the Tallahassee Democrat made this the front-page headline?

Bell Ringer 2/2/18 What is happening in both of these images? How do you know? What do you think is the issue in each image? What evidence helps you identify the issue? To begin this lesson, show students the following images: http://www.loc.gov/pictures/resource/cph.3f05399/ (separate but equal) http://www.loc.gov/pictures/resource/ppmsca.03119/ (school integration) Pose the following questions for discussion: “What is happening in both of these images? How do you know? What do you think is the issue in each image? What evidence helps you identify the issue?” Allow students time to share out and pose the following question for discussion: “How do you think these images relate to the judicial branch?” Lead students to the understanding that the first image is related to the concept of “separate but equal,” the second image shows an integrated school and both issues are related to landmark U.S. Supreme Court cases. Share the following definition of landmark: Landmark – an important or unique decision, event, fact, discovery, etc. Explain to students that they are going to learn about landmark U.S. Supreme Court cases and that one characteristic of landmark cases is that they have had a big impact on society.

Bell Ringer 2/2/18 Of the Supreme Court cases we have studied so far….which do you think was the most Landmark (important)? WHY?!?

Supreme Court – Landmark Cases Landmark – an important or unique decision, event, fact, discovery, etc. One characteristic of landmark cases is that they have had a big impact on society.

Intro to the Judicial Branch – once more…

Lesson Essential Questions: Copy on your graphic organizer handout Benchmark: SS.7.C.3.12 Analyze the significance and outcomes of landmark Supreme Court cases including, but not limited to, Marbury v. Madison, Plessy v. Ferguson, Brown v. Board of Education, Gideon v. Wainwright, Miranda v. Arizona, In re Gault, Tinker v. Des Moines, Hazelwood v. Kuhlmeier, United States v. Nixon, and Bush v. Gore. Lesson Essential Questions: Copy on your graphic organizer handout What are the outcomes of select landmark Supreme Court cases? Why are these cases significant?

Supreme Court Justices & Federal Judges Have “lifetime tenure” if they maintain “good behavior” They are appointed by the President and confirmed by the Senate

Chief Justice John Roberts Article III: Established the Supreme Court the highest court in the land Chief Justice John Roberts The court has 9 justices who serve for life. They are headed by a “Chief Justice”

Supreme Court: Rarely have original jurisdiction only in cases: involving ambassadors or a state is one of the parties. Most cases the Supreme Court has Appellate jurisdiction Florida v. Georgia: 1854 resolved border dispute

4 out of 9 justices must vote to hear a case Path to the Supreme Court 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” Issued by Supreme Court to “inferior” court to transfer case for their consideration.

Most Supreme Court cases deal with rights: Due Process, Privacy & The US Supreme Court hears less than 1% of cases that have been appealed to them. Most Supreme Court cases deal with rights: Due Process, Privacy & 1st Amendment

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 Principle: 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. https://www.youtube.com/watch?v=hOvsZyqRfCo

Chief Justice John Marshall Marbury v. Madison – 1803 “The Judicial Branch – interprets the law” Decision: If a law goes against the Constitution the Supreme Court can declare it “null & void” Chief Justice John Marshall

Effects of Judicial Review Impact: Judicial Review: the judicial branch’s check on the legislative & executive branch

14th Amendment Cases (Citizenship to Freed slaves) Plessy v. Ferguson & Brown v. Board of Ed

Plessy vs. Ferguson - 1896 Principle: 14th 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. In a 7-1 decision, the Supreme Court ruled in favor of Ferguson. Decision: US Supreme Court determined that “separate but equal” was not discrimination.

Brown vs. Board of Education - 1954 Are laws segregating schools based on race constitutional? Principle: 14th: “Equal protection under the law?” Overturns Plessy v. Ferguson Hyperlink to BrainPop: https://www.brainpop.com/socialstudies/usgovernment/brownvsboardofeducationoftopeka/ Decision: Segregation is unconstitutional! In a unanimous decision, the Court ruled in favor of Brown.

In re’ Gault - 1967 Are juveniles guaranteed “due process” rights? PRINCIPLES 14th Amendment Due Process 5th Amendment Protection against self-incrimination 6th Amendment Right to hear the charges and to Question those against you Have witnesses to testify in your defense Right to a lawyer Decision: Yes, minors have the same due process rights

In re’ Gault - 1966 In a 8-1 decision, the Supreme Court ruled that Gault being send to the State Industrial School was a violation of the XIV Amendment. The Court concluded that juvenile court must comply with the XIV Amendment. Hyperlink - http://www.uscourts.gov/educational-resources/educational-activities/facts-and-case-summary-re-gault

1st Amendment Cases Tinker v. Des Moines Hazelwood v. Kuhlmeier 1st Amendment – Free Speech

Speech is more than just words! 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” Speech is more than just words! http://www.oyez.org/cases/1960-1969/1968/1968_21

Tinker vs. Des Moines - 1969 In a 7-2 decision, the Supreme Court ruled in favor of the Tinkers. Decision: Upheld a student’s 1st Amendment rights Can engage in symbolic free speech in school

Hazelwood v. Kuhlmeier - 1988 -THE SPECTRUM, the school-sponsored newspaper of Hazelwood East High School, was written and edited by students. - The Principal found that two of the articles were inappropriate and removed them. Cathy Kuhlmeier and two other former Hazelwood students brought the case to court Did the deletion of the articles violate the student’s 1st Amendment right? - 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. Are student newspapers protected by freedom of speech & the press? No! http://teacher.scholastic.com/scholasticnews/indepth/upfront/features/index.asp?article=f090307_Teen_Supremes1

Hazelwood v. Kuhlmeier - 1988 The US Supreme Court ruled against the students in a 5-3 decision. Decision: 1st Amendment doesn’t protect all types of speech in school. If it is school sponsored they can limit

Rights of the Accused – 6th & 5th Gideon v. Wainright & Miranda v. Arizona

Yes, one must be appointed for you free of charge (6th Amendment) Gideon vs. Wainright - 1963 Principle: Do state courts have to provide you a lawyer if you are too poor to afford one? Yes, one must be appointed for you free of charge (6th Amendment) Hyperlink – click on the Gideon V Wainwright picture Video: Annenberg Key Constitutional Concepts – Gideon v. Wainright. This is a great engaging video that is an hour long but is broken into segments. From 00:00 to 22:00 minutes is an overview of the weaknesses of the Articles of Confederation, the Constitutional Convention and the US Constitution. I like to show these 20 minutes at the end of the year as a review… 23:09 to 39:00 is the Gideon v. Wainright segment. Really good! Clarence Gideon had been convicted by a Florida court for breaking into a bar and stealing money & property. Gideon could not afford a lawyer. He argued that his 6th Amendment rights had been violated.

Gideon vs. Wainright - 1963 The US Supreme Court ruled in favor of Gideon in a unanimous decision. Decision: 6TH Amendment Right All defendants must be appointed a lawyer if they cannot afford their own attorney. Hyperlink – click on the Gideon V Wainwright picture Video: Annenberg Key Constitutional Concepts – Gideon v. Wainright. This is a great engaging video that is an hour long but is broken into segments. From 00:00 to 22:00 minutes is an overview of the weaknesses of the Articles of Confederation, the Constitutional Convention and the US Constitution. I like to show these 20 minutes at the end of the year as a review… 23:09 to 39:00 is the Gideon v. Wainright segment. Really good!

Right to remain silent (self incrimination) (5th) Miranda v. Arizona - 1966 Ernesto Miranda was arrested but lawyers argued that he did not know that he had the: Right to an lawyer (6th) OR Right to remain silent (self incrimination) (5th) Principles

Miranda v. Arizona - 1966 In a 5-4 opinion, the Supreme court ruled in favor of Miranda. 5th - US Supreme Court upheld the protection from self-incrimination & right to an attorney Miranda Rights must now be read when arrested

Executive Power U.S. v. Nixon Bush v. Gore

Decision: Rule of Law – Nobody is Above the Law United States v. Nixon - 1974 Watergate: Nixon accused of a crime... Government investigation wanted tape recordings from the White House. Nixon refused to turn them over claiming "executive privilege"… Court ruled against him. Principle: Major check on executive power. Decision: Rule of Law – Nobody is Above the Law

Principle: Separation of Powers Bush v. Gore - 2000 Supreme Court resolved the issue of the 2000 Presidential Election (Florida Supreme Court ordered a recount…..US Supreme Court ruled they couldn’t Principle: Separation of Powers Decision: Found for Bush and Florida recount was not allowed

2nd Amendment – Principle: “Right to Bear Arms” District of Columbia v. Heller

District of Columbia v. Heller – 2008 (2nd amend – Right to bear arms) Landmark case in which the Supreme Court of the United States held in a 5-4 decision that the Second Amendment to the US Constitution applies to federal enclaves Decision: 2nd amendment protects an individual's right to possess a firearm for traditionally lawful purposes, such as self-defense within the home

Now Let’s See How Much We Learned 

DC v. Heller In Re Gault Tinker v. Des Moines Gideon v. Wainwright Plessy v. Ferguson Brown v. Board Marbury v. Madison Miranda v. Arizona US v. Nixon Hazelwood v. Kuhlmeier

End of Course Review!! 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

EOC Review How many justices must vote to hear a Supreme Court case?   2 out of 9 3 out of 9 4 out of 9 5 out of 9

End of course!! Which power was given when Chief Justice John Marshall declared actions by the executive branch unconstitutional?   the appellate court judicial review original jurisdiction executive branch decision

EOC Review How many justices must vote to hear a Supreme Court case?   2 out of 9 3 out of 9 4 out of 9 5 out of 9

End of course!! Which power was given when Chief Justice John Marshall declared actions by the executive branch unconstitutional?   the appellate court judicial review original jurisdiction executive branch decision

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

EOC Review 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

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

EOC Review 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

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

EOC Review 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

EOC Review 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 An appeal of a murder conviction A case in which a defendant’s rights are denied and the case is further appealed A case in which there is a hung jury

EOC Review Which case extended the Fourteenth Amendment’s guarantee of equal protection under the law? Plessy v. Ferguson (1896) Brown v. Board of Education of Topeka, Kansas (1954) Engel v. Vitale (1962) Tinker v. Des Moines School District (1969)

EOC Review 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)

EOC Review Supreme Court decisions in Gideon v. Wainwright, and Miranda v. Arizona affected individual liberties by doing which of the following? eliminating the poll tax as a voting requirement preventing the use of organized prayer in public schools requiring equal pay for men and women performing the same job expanding the constitutional rights of people accused of crimes

EOC Review “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

EOC Review Which headline below best illustrates “judicial review?” “Congress Passes a Civil Rights Bill” “Conference Committee Meets to Finalize Budget” “New York State’s Reapportionment Plan Ruled Unconstitutional” “President Signs SALT Agreement with Russia”

EOC Review 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

OK, let’s Review Rule & Types of Law