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Supreme Court Philosophy Judicial Restraint Decide cases by the original intent of the Framers or those who enacted the statue Precedent – judicial decision that serves as a guide for settling later cases Judicial Activism Broader view Provisions of Constitution and in statute law should be interpreted & applied in the light of ongoing changes in conditions and values Civil Rights and Social Welfare

14th Amendment Due Process Clause Equal Protection Clause Government must act fairly and in accordance with established rules The principle that an individual cannot be deprived of life, liberty, or property without appropriate legal procedures and safeguards. Equal Protection Clause that no state shall deny to any person within its jurisdiction "the equal protection of the laws".

Tinker v Des Moines School District First Amendment Symbolic Speech Several students wore black armbands to school in protest to war in Vietnam Students suspended Supreme Court ruled in favor of students. Students did not cause a substantial disruption of normal student activities

Gideon v Wainwright Every person accused of a crime has the right to the best possible defense that circumstances will allow Gideon was denied counsel Wrote to Supreme Court 6th & 14th Amendment denied S.C. unanimous decision in favor of Gideon

Miranda v Arizona Ernesto Miranda Convicted of kidnapping and rape Victim picked Miranda from lineup 2 hours of questioning, Miranda confessed but police did not tell him his rights Miranda rights created – police must read a suspect his or her rights before any questioning occurs

Search & Seizure Judicial Review A procedure used in legal systems by which police or other authorities and their agents, who suspect that a crime has been committed, do a search of a person's property and confiscate any relevant evidence to the crime. Judicial Review Judicial review allows the Supreme Court to take an active role in ensuring that the other branches of government abide by the constitution. Established by Marbury v. Madison

New Jersey v TLO A teacher discovers a 14-year-old freshman, and her companion smoking cigarettes in a school lavatory in violation of a school rule search of purse revealed a small amount of marijuana, rolling papers, a pipe, etc. Supreme Court sides with school, 6-3 decision. Used “Plain view” is an exception