1. Unit 2: The US Constitution
CE Notes 43: The Judicial Branch
SWBAT (Students Will Be Able To…)
Understand the qualifications for being a Supreme Court Justice
Understand the organization and structure of the judicial branch
Understand the roles and responsibilities of the judicial branch

2. C. Judicial (Supreme Court)
1. Description
Qualifications
No particular qualifications are stated in the Constitution. Presidential appointment and Senate approval is all that is constitutionally required.
How to become Justice & term of office
President appoints Supreme Court Justices, has to be approved by 2/3 of the senate (Article 2 Section 2).
They can serve for life unless they are impeached (Article 3 Section 2).

3. C. Judicial (Continued)
2. Duties and privileges
Original jurisdiction
In laws that have to do with constitution , in cases that affect treason against the United States, ambassadors and other public ministers and consuls, maritime jurisdiction, and controversies between 2 or more states (Article 3 Section 2).
Appellate jurisdiction
Appeal process. Cases that have been heard in lower courts and appealed go to supreme court.

4. C. Judicial (Continued)
3. Checks:
Over legislative branch
Supreme Court judges cases that Congress has passed when those laws may affect the rights of citizens under the Constitution.
(Article 3, Section 2) JUDICIAL ____________
Over executive branch
Supreme Court hears cases affecting Ambassadors, public ministers and counsels (positions appointed by the President). Article 3, Section 2.
(This is not a strong check over the President, but does provide some oversight.)
Judicial Review is used to check executive actions as well as legislative.

5. There are ____ judges on the Supreme Court.
At the end of a case the judges can either concur (agree) with the majority opinion, or ________(disagree).
Dissenting opinions can provide a foundation for a __________ case on a same issue.

6. Federal Court System US Supreme Court US Court of Appeals
US District Court

7. CE Notes 47-52 Supreme Court Cases that Changed America
Some define where America was or is.
Some mark amazing turning points in America’s political history.
All have added to the meaning and clarity of the US Constitution and the rights of Americans.

8. Spotlight on the 14th Amendment
Key Parts of the 14th Amendment:
Equal Protection: all laws in the US must be applied the same way for everyone. You cannot have a law that says only men can drive.
Due Process: all people are treated the same way in the legal system.
Applies the Bill of Rights to the states States attempted to avoid having to follow the Bill of Rights, especially when it came to the rights of the accused (4th, 5th, 6th, 7th, 8th Amendments).
The 14th reminds the states that they MUST follow the Constitution and all its Amendments.
The laws must be applied equally across the country.

9. Notes 48 CASE DATE KEY TERM DESCRIPTION MAJOR OUTCOME
Marbury v. Madison
1803
Judicial Review
Supreme Court has the right to review acts of the other branches
Judicial review
McCulloch v. Maryland
1819
Federal Gov is more powerful than states
Maryland sues to get a fed bank to pay taxes
States Can’t tax fed. gov
Gibbons v. Ogden
1824
Interstate commerce
Fed gov will regulate business between states
Fed gov regulates Interstate commerce
Plessy v. Ferguson
1896
Separate but Equal
Plessy sues to be allowed to sit on the train in the white section
Says segregation does NOT break 14th A.

10. Ends Segregation in schools
CASE
DATE
KEY TERM
DESCRIPTION
MAJOR OUTCOME
Brown v. Board of Ed.
1954
Ends Segregation in schools
Brown family sues to have daughter go to white school
Overturns Plessy & Ends segregation in schools
The Heart of Atlanta v. US
1964
No Segregation
Hotel refuses to allow blacks to stay. Violates 1964 Civ. Rts. Act which ended segregation under the 14th Amendment.
Upholds 1964 Civil Rights Act
Swann v. Charlotte
1971
Integration of NC schools using busing.
Charlotte schools are told they must integrate according to Brown.
Upholds Brown & NC schools must integrate
Korematsu v. US
1944
Power to fed. Gov over individuals during wartime
Japanese Americans put in camps during WWII sue for a violation of 5th/14th Amendment
Time of War federal gov can restrict individual rights

11. Segregation in the US before BROWN

12. Integration of Schools
Little Rock 9

13. Little Rock 9-Arkansas Integration after Brown

14. President Eisenhower deploys the 101st Airborne to escort students to school

15. Flag burning is protected by the 1st Amendment
CASE
DATE
KEY TERM
DESCRIPTION
MAJOR OUTCOME
Texas v. Johnson
1989
Flag burning/
Freedom of speech
Johnson arrested for burning the Flag, court decides it’s Freedom of Speech
Flag burning is protected by the 1st Amendment
Engel v. Vitale
1962
No prayer in schools
Court banned prayer in public schools. Court used the Establish. Clause. Sep of church and state.
Prayer in schools violates 1st Amendment
Mapp v. Ohio
1961
Search & seizure
Any evidence obtained illegally w/out warrant can’t be used in court
Protects 4th Amendment right against illegal search
Gideon v. Wainwright
1963
Attorneys for All!
Right to legal representation for all those accused of crimes (6th Amendment)
Attorneys for all, even if you’re too poor.
1st got to here?

18. 6th Amendment rights must be read
CASE
DATE
KEY TERM
DESCRIPTION
MAJOR OUTCOME
Miranda v. Arizona
1966
Miranda rights:
When arrested suspects must be informed of their legal rights.
6th Amendment rights must be read
Furman v. Georgia
1972
Death penalty is cruel and unusual
Furman convicted of murder, sentenced to Death. Court overturns based on the 8th Amendment.
Death penalty violates 8th Amendment
Gregg v. Georgia
1976
Death penalty is legal again
Court decides death penalty is not Cruel and unusual, as long as it is done a certain way and for certain crimes.
Death penalty is used again in the US.
Tinker v. Des Moines School District
1969
Symbolic Speech for students
High school students, Tinkers, were suspended for wearing black armbands to school protesting Vietnam
Students have free speech under 1st Amendment.
4th got to here

19. Tinker = Free symbolic speech for students

20. Principals can search in schools
CASE
DATE
KEY TERM
DESCRIPTION
MAJOR OUTCOME
New Jersey v. T.L.O.
1985
Principals can search in schools
A high school student gets caught smoking cigarettes, principal searches and finds evidence of drug dealing in her purse.
Search is upheld b/c state’s are responsible for education
Bethel School District v. Frazier
1986
Limited student free speech
Frazier makes inappropriate speech & can’t graduate. Court supports School district.
Student speech can be limited in pub. schools
Hazelwood v. Kuhlmeier
1988
Schools can censor student speech
Newspaper article about student pregnancy pulled out by principal.
Schools allowed to censor speech in newspapers
University of California v. Bakke
1978
Affirmative Action
White male sues UC Med school for admission. School is allowed to help minorities get in.
Court allows affirmative action, as part of 14th Amendment
3rd got to here

21. Limits the president’s power.
CASE
DATE
KEY TERM
DESCRIPTION
MAJOR OUTCOME
US v. Nixon
1974
Limits the president’s power.
Pres. Nixon had been secretly taping conversations in the Oval Office. When he was being investigated for Watergate he refused to turn over the tapes.
Court rules that Nixon MUST turn over the tapes.

22. Selective Highlighting
Highlight each case that strengthened the power of the federal gov’t.
Highlight all of the cases that dealt with segregation.
Circle the name of the case that said segregation should be allowed in America.
Put a box around the name of the case that FIRST ended segregation in America.
Highlight all the cases which dealt with freedom of speech ( ___ Amendment)
Highlight all of the cases which concern the rights of those accused of crimes.
Put an asterisk next to all the cases that are about the rights of students.

23. Flash Cards Make flash cards of each case:
Put the name of the court case on one side
Put the major outcome at the top of the back side
Put the story at the bottom of the back side
On the front where the name of the case is, you may draw a picture or symbol that may help you remember the case.
Each card is worth 5 points:
105 possible pts
If you add pictures, you may add as much as 5 total points extra to your overall grade for the assignment.

24. Practice Choose a partner to work with
Spend five minutes calling cases out to your partner
Switch for the next five minutes and let partner call cases out to you.

25. PIT 51: Meet & Greet! Stand up and find a different partner
Pick one person to be “A” and one person to be “B”
You will have the following discussion with your partner….

26. PIT 51: Meet & Greet! A) Choose a case:_________________________
B) Tell what happened in this case (tell the story!)
A)Tell what the major outcome of this case was.
What did this case change about life in America?
Why this case is important?
B)Tell whether you agree or disagree with the court’s decision? Explain your decision.
Now switch roles and repeat for a different case.