Supreme Court

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)

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

Supreme Court Cases

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.

Effects of Judicial Review

14 th Amendment Cases

Plessy vs. Ferguson 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.

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

1 st Amendment Cases

Tinker vs. Des Moines 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” /1968/1968_21

Hazelwood v. Kuhlmeier 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 student’s 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. rticle=f090307_Teen_Supremes1

Rights of the Accused – 4 th – 8 th

Gideon vs. Wainright Can courts refuse to give you a lawyer if you are too poor to afford one? No, one must be appointed for you

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

Miranda v. Arizona

United States v. Nixon Question Is the President's right to safeguard certain information, using his "executive privilege" confidentiality power, entirely immune from judicial review?

Bush v. Gore 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.

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

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

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

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

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

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

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

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 defendant’s rights are denied and the case is further appealed d. a case in which there is a hung jury

End of course!! Which case extended the Fourteenth Amendment’s 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)

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)

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

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

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 State’s Reapportionment Plan Ruled Unconstitutional” d. “President Signs SALT Agreement with Russia”

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

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