Heart of Atlanta Motel- 1964 Can the federal government order private businesses to desegregate?
Heart of Atlanta Motel- 1964 (9-0) 1964 Civil Rights Act IS constitutional Congress can legislate INTERSTATE COMMERCE (People from out of state could stay at the hotel)
Roe v. Wade- 1973 Do states have the right to make laws regulating abortion?
Roe v. Wade- 1973 (7-2) States may not ban abortions in first trimester 14th Amendment- nor shall any State deprive any person of life, liberty, or property, without due process of law “right to privacy” implied in 14th Amdmt
Affirmative Action- programs aimed at hiring or enrolling in schools groups that have suffered discrimination Is this a legitimate effort to equalize economic and educational opportunities for a disadvantaged minority OR Racist “Reverse discrimination”?
Should colleges use a quota system in accepting males?
UCal v. Bakke (1978) Is affirmative action constitutional?
Ucal v. Bakke 1978 (no majority) Universities may take race into account when making admissions, but…. No “quotas”
Mapp v. Ohio (1961) Can STATES use evidence obtained without a warrant in court? 4th Amendment applies to federal gov’t: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated….
Mapp v. Ohio (1961) (6-3) "all evidence obtained by searches and seizures in violation of the Constitution is, by [the Fourth Amendment], inadmissible in a state court."
Miranda v Arizona Do authorities have to inform suspects of their constitutional rights before questioning them? No person shall be …compelled in any criminal case to be a witness against himself
Agenda…./ ANNOUNCEMENTS Pink sheets (Regents review #2) due tomorrow Continue with wrapping up year Warren Court/ school cases/ LBJ-Great Society/ Vietnam/ Nixon-accomplishments; Watergate
Chief Justice Earl Warren 1953- 1969 “Warren Court” known for siding in favor of civil rights RIGHTS OF THE ACCUSED!!!
Gideon v. Wainwright (1963) Do all defendants in all cases have a right to a defense attorney as required by the 6th amendment? Amendment 6: In all criminal prosecutions, the accused shall ….have the Assistance of Counsel for his defence
Gideon v. Wainwright (1963) (9-0) All citizens have a right to free counsel if they cannot afford it http://www.youtube.com/watch?v=nrcTqx3t8Gg
Miranda v Arizona (5-4) (1966) Police must inform suspects of their rights at time of arrest http://www.youtube.com/watch?v=Irqj87lNL9E May not interrogate suspects who invoke their rights http://www.youtube.com/watch?v=4edZGi0w_z4
Miranda was retried after the original case against him was thrown out, and this time the prosecution, instead of using the confession, called witnesses Miranda was convicted in 1967 and sentenced to serve 20 to 30 years. He was paroled in 1972. After his release, he returned to his old neighborhood and made a modest living autographing police officers' "Miranda cards" which contained the text of the warning, for reading to arrestees. He was stabbed to death during an argument in a bar on January 31, 1976.[5]
The Warren Court and rights of the accused… DO YOU AGREE WITH BEN?
The Constitution in schools… Do your constitutional rights follow you when you enter the school door? 1st amendment: Freedom of speech? Freedom of religion? 4th amendment: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures…but upon probable cause
Engel v Vitale (1962) Is it unconstitutional for public schools to have prayer in class, even if it is not mandatory to participate? Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances
Engel v Vitale (1962) (6-1) School was violating 1st Amendment provision of separation of church and state (NO SCHOOL PRAYER) (even though not mandatory, it would put unwanted pressure on students)
Tinker v Des Moines School District 1969 Was the school suspending kids for wearing black armbands a violation of the first amendment or should the authorities of the school have this power? Congress shall make no law …abridging the freedom of speech
May 31st (wow!) Texts? Wrap up Supreme Court LBJ’s Great Society- modern political landscape is formed….which side are you on? Regents Review activity- please do by Monday Act III quiz- Group work for Act III
Tinker v Des Moines School District (1969) (7-2) Wearing armbands was an exercise of freedom of speech (“Students do not shed their constitutional rights at the schoolhouse gate, and therefore are entitled to the free expression of their views as long as there is no substantial or material interference of the educational process.”)
New Jersey v T.L.O. 1985 Should the drugs found by the principal be admissable as evidence? The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures…but upon probable cause
New Jersey v T.L.O. 1985 (6-3) School wins Police need “probable cause” to search Schools need only “reasonable suspicion”
Veronia School District v Acton 1995 (6-3) Is random drug testing of student athletes a violation of the 4th Amendment?
Veronia School District v Acton 1995 (6-3) Drug testing of student athletes is constitutional
The decisions of the United States Supreme Court in Miranda v The decisions of the United States Supreme Court in Miranda v. Arizona, Gideon v. Wainwright, and Escobedo v. Illinois all advanced the voting rights of minorities guarantees of free speech and press principle of separation of church and state rights of accused persons
Under Chief Justice Earl Warren, the Supreme Court was considered "activist" because of its reluctance to overturn state laws insistence on restricting freedom of speech to spoken words expansion of individual rights in criminal cases refusal to reconsider the issues of the Plessy v. Ferguson case
The Supreme Court cases of Tinker v. Des Moines and New Jersey v The Supreme Court cases of Tinker v. Des Moines and New Jersey v. TLO involved the issue of freedom of the press the rights of students in school freedom of religion the rights of prison inmates
Which constitutional idea was the basis “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? protection against double jeopardy equal protection of the law freedom of speech right of assembly
memorial day-http://www. history Jfk- (6:00) https://www.youtube.com/watch?v=GNvjbVP31D0 Conspiracy- http://www.usatoday.com/story/news/nation-now/2013/11/21/john-kennedy-conspiracy-theories-assasination/3661891/ https://www.youtube.com/watch?v=i3yHN5RAWoM
Impact of the Supreme Court Which case do you think had the largest impact in society? In your view, was it positive or negative? Do you disagree with any of the decisions? Why?
LBJ’s “Great Society LBJ- JFK’s Vice President Wins 1964 election v. Barry Goldwater http://www.youtube.com/watch?v=63h_v6uf0Ao
Great Society LBJ- declares “War on POVERTY” Laws to help disadvantaged and poor Most active since FDR’ New Deal