Interpreting the Constitution Landmark Court Cases AP Government. AP Government. AP Government. AP Government. AP Government. AP Government. AP Government. AP Government. AP Government. AP Government. AP Government. AP Government. AP Government. AP Government. AP Government. AP Government. AP Government. AP Government. AP Government. AP Government. AP Government. AP Government. AP Government. AP Government. AP Government. AP Government. AP Government. AP Government. AP Government. AP Government. AP Government. AP Government. AP Government. AP Government. AP Government. AP Government.

Interpreting the Constitution Article III The act of judicial review requires a court to interpret the meaning of the Constitution as it applies to a particular situation. There are two basic philosophies about how the court should do this: strict construction and loose construction.

Interpreting the Constitution Article III Strict construction: using the original intent of the founding fathers and/or sticking closely to the literal text associated with judicial restraint

Interpreting the Constitution Article III Strict construction can result in fewer guaranteed rights and more limited government powers; in both cases, if it isn’t in the Constitution, it’s probably not protected. Gay rights rejected Federal regulation of gun purchases rejected

Interpreting the Constitution Article III loose construction courts view the Constitution as a “living document” that evolves along with society Associated with judicial activism

Interpreting the Constitution Article III Loose construction can result in more guaranteed rights and more government power. Abortion rights protected Federal regulation of segregation protected

Eras & Issues SCOTUS Has always helped shape the policies, histories, and path of our country Several eras during which a number of cases have had a lasting impact

Eras & Issues SCOTUS Examples: Marbury v. Madison Baker v. Carr Fletcher v. Peck Gibbons v. Ogden McCulloch v. Maryland Barron v. Baltimore Dred Scott v. Sanford From the 1780s until the 1860s, the Court decided important cases clarifying the powers of the national government and the state governments.

Eras & Issues SCOTUS Examples: Plessy v. Ferguson Gitlow v. New York From the 1880s to the 1930s, the Court dealt with issues arising from rapid industrialization and economic growth taking place. These cases often dealt with conflicts between business and labor or between state and employer. Like the federal government, the SCOTUS took a laissez-faire attitude. (conservative)

Eras & Issues SCOTUS Examples: When the New Deal first began, the Court continued striking down many of the laws as it had been doing. Part-way through the New Deal, the Court reversed itself – partially pressured by FDR’s “court-packing scheme” – and began upholding regulations. From the 1930s to the present, the Court’s most notable cases have mostly dealt with individual rights and discrimination against various groups. Schecter Poultry Corp. v. The United States (1933) United States v. Butler (1933) Korematsu v. United States (1944)

Eras & Issues In the “modern” era… 1950s-1970s: Civil rights SCOTUS Examples: In the “modern” era… 1950s-1970s: Civil rights 1960s-1970s: Speech and religion; privacy; expanding rights for criminal defendants 1980s: Rulings that bolstered law enforcement 1990s – present: Rulings restricting federal power, cases about abortion, affirmative action, gun control, and other controversial issues Brown v. Board of Education (1954) Mapp v. Ohio (1961) Katz v. United States (1961) New Jersey v. T.L.O. (1984) Gideon v. Wainwright (1963) Miranda v. Arizona (1966) Engel v. Vitale (1962)

Civil Liberties Know Your Rights! the freedoms we have to think and act without government interference or fear of unfair treatment

Only 17% of Americans can name all 5 Civil Liberties First Amendment 45 words Speech Religion Press Assembly Petition the government Only 17% of Americans can name all 5

1st Amendment Freedom of Speech 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.

1st Amendment Freedom of Speech Protects… Written words Spoken words Expressive conduct (actions that do not involve written or spoken words but do contain a message)

1st Amendment Freedom of Speech Protected vs. Unprotected Speech Schenck v. US (1919) to Brandenburg v. Ohio (1969) 1940s court: judges have a special duty to protect freedoms Texas v. Johnson, 491 U.S. 397 (1989)…. invalidated prohibitions on desecrating of the American flag

1st Amendment Freedom of Speech All speech is protected unless it falls into one of four categories: Libel Obscenity Fighting Words Commercial Speech

1st Amendment Freedom of Speech Libel Published defamation or false statements—can be prosecuted by government or individuals Seditious Libel: defaming criticizing or advocating the overthrow of gov’t Comes from Sedition Act of 1798 Modern example: New York Times v. Sullivan (1964)

1st Amendment Freedom of Speech Obscenity Evolving definition Latest definition determined by Miller v. US (1973); must meet all three: Average person/community deems it to promote sex mostly Portrays patently offensive sexual conduct Work lacks serious literary, artistic, political or scientific value

1st Amendment Freedom of Speech Fighting Words: Abusive, Offensive, Insulting, Angering—words that will start, quite literally, a fight

1st Amendment Freedom of Speech Commercial Speech used to be unprotected because wasn’t as valuable as political speech, recently however, more protection—false or misleading advertising, or advertising something illegal = unprotected

1st Amendment Freedom of Speech Other violations: (Area 51 example – all) Copyright Clear & Present Danger Disruptive to school activities Incitement to commit crimes

1st Amendment Freedom of Religion Establishment Clause: Forbids state sponsored religion Government financial support Prohibits Gov’t involvement in religious matters Can Accommodate Religious Needs

1st Amendment Freedom of Religion Jefferson’s Wall of Separation Letter TJ wrote a letter to the Danbury Baptist Association in 1802 to answer a letter from them, asking why he would not proclaim national days of fasting and thanksiving, as had been done by Washington and Adams before him. The letter contains the phrase "wall of separation between church and state," which lead to the short-hand for the Establishment Clause that we use today: "Separation of church and state."

1st Amendment Freedom of Religion Lemon Test Established in Lemon v. Kurtzman (1971) Laws must… have secular purpose neither advance or inhibit religion Avoid excessive government “entanglement”

1st Amendment Freedom of Religion Endorsement Test Sandra Day O’Connor’s test Lynch v. Donnelly (1984) a gov’t action is invalid if it creates a perception in the mind of a reasonable observer that the gov’t is either endorsing or disapproving of religion.

1st Amendment Freedom of Religion Non-Preferentialist States can’t favor one or some religions Can provide aid to all Free Exercise Clause No government has authority to compel a citizen to accept any creed, or to deny a citizen any right due to religious beliefs

1st Amendment Freedom of Religion The Sherbert Test government must demonstrate a compelling government interest before denying unemployment compensation to someone who was fired because her job conflicted with her religion Sherbert v. Verner (1963) Later, limited to federal laws only

1st Amendment Freedom of Religion Student rights You are free to pray alone or in groups as long as your activity is not disruptive and does not infringe upon the rights of others As long as it is not disruptive or disrespectful, or does not pressure others, you ca exercise your faith Schools cannot exercise religious activities, including making students pray

1st Amendment Freedom of the Press We have the right access, that is the right to go where we need to get information. (schools, markets, child care centers, mental health institutions, etc.) In Lovell v. City of Griffin, Chief Justice Hughes defined the press as, "every sort of publication which affords a vehicle of information and opinion." This includes everything from newspapers to blogs.

1st Amendment Freedom of the Press Often called the “fourth branch of government” Checks the other branches Cannot have democracy without it

The press has the right to be at all public trials. 1st Amendment Freedom of the Press The press has the right to be at all public trials. Sunshine Laws: government agencies must open meetings to the public and press.

1st Amendment Freedom to Assemble Protects our right to gather in groups for any reason, so long as the assemblies are peaceful. Gov’t can make rules about when and where (Occupy Wall St), but cannot ban them.

Freedom to Petition the Government 1st Amendment Freedom to Petition the Government The right to express one’s idea to the government Petition = formal document “In a free country we punish men for crimes they commit, but never for opinions they have.” (Harry Truman, 1950) https://petitions.whitehouse.gov/petitions (go to!)