1. Interpreting the Constitution
Landmark Court Cases
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2. 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.

3. 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

4. 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

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

6. 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

7. 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

8. 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.

9. 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)

10. 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)

11. 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)

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

13. 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

14. 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.

15. 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)

16. 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

17. 1st Amendment Freedom of Speech
All speech is protected unless it falls into one of four categories:
Libel
Obscenity
Fighting Words
Commercial Speech

18. 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)

19. 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

20. 1st Amendment Freedom of Speech
Fighting Words: Abusive, Offensive, Insulting, Angering—words that will start, quite literally, a fight

21. 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

22. 1st Amendment Freedom of Speech
Other violations: (Area 51 example – all)
Copyright
Clear & Present Danger
Disruptive to school activities
Incitement to commit crimes

23. 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

24. 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."

25. 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”

26. 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.

27. 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

28. 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

29. 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

30. 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.

31. 1st Amendment Freedom of the Press
Often called the “fourth branch of government”
Checks the other branches
Cannot have democracy without it

32. 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.

33. 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.

35. 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)
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