1. LANDMARK US SUPREME COURT RULINGS AND THE ROLE OF THE COURT Judicial Review and Civil Rights Michael Quinones, NBCT www.socialstudiesguy.com

2. ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ APK: Activation of Prior Knowledge Write at least 2-3 sentences describing a time when… You believed you were denied a right, privilege or freedom and then did your best to gain/regain that lost right, privilege or freedom. Question of the Day How does Judicial Review provide equality for all U.S. citizens (is this even really possible)? [Remember to use specific evidence from the cases in your responses]

3. Name and facts of the Case Plaintiff’s Constitutional Question or reason for appealing to High Court Constitutional Grounds for Supreme Court’s Opinion

4. Name and facts of the Case Plaintiff’s Constitutional Question or reason for appealing to High Court Constitutional Grounds for Supreme Court’s Opinion

5. The Elastic Clause/Necessary & Proper Clause-“Congress has the power…to make all laws which shall be necessary and proper…” Commerce Clause- “Congress has the power to regulate commerce…among the several states…” Commerce=trade, buying/selling. Supremacy Clause-“The laws of the United States which shall be made…shall be the supreme law of the land…and every state shall be bound [by them]…” 14th Amendment/Equal Protection’s Clause-No one can be denied “equal protection of the laws” or “deprived of life, liberty or property without due process…” [organized legal process with rules]. Commander in Chief Clause-The president shall be Commander in Chief of the Army and Navy of the United States, and of the militia of the several states… 13th Amendment- “Involuntary servitude… [slavery] shall not exist within the United States…”

6. Content Preview Questions 1.What is judicial review and what effect can it have? 2.What does it mean for a branch of the government to have an implied power and what is an example the Judicial Branch has? 3.Why is the so-called Elastic/Necessary and Proper Clause an example of an implied power? 4.What does it mean for a branch of government to have an expressed power and what are examples the President and Congress both have? 5.What does the Commerce Clause allow the Congress to do and how is it an example of an expressed power? 6.What does the Commander-in- Chief Clause allow the POTUS to control and how is it an example of an expressed power? 7.What is the purpose of the Supremacy Clause? 8.How do the 13 th and 14 th Amendments guarantee the promise of equality to all U.S. citizens?

7. Judicial Review Judicial Review is the power of judges in a court to decide or rule that a law is unconstitutional. Here is what might cause a court to use judicial review: A law passed by a legislature may be considered unfair or discriminatory by someone. Citizens affected by these “unfair” laws [ex. arrest and convictions in court] may decide to sue a government, person or organization or appeal their cases to a higher court. Here are possible outcomes of judicial review: A court may affirm (keep), overturn, reverse or strike down any law if it believes it does or does not violate any portion of the U.S. Constitution.

8. Implied Powers Judicial Review is an example of an implied power the Judicial Branch possesses. The word imply means to indirectly say or do something without using specific words. Article II, Section II of the U.S. Constitution states: “The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States…” Does the quote above, in your opinion, give the Supreme Court the implied power to interpret laws (say what the laws mean)?

9. The Elastic Clause a.k.a. The Necessary and Proper Clause [This is an example of an implied power] “Congress has the power…to make all laws which shall be necessary and proper…” Does the quote above imply the following?: The Elastic Clause gives Congress the power to adjust to the future with the ability to address anything that can affect the nation. This power called Elastic because it can stretch to meet any need just as a rubber band does. However, as the clause states the power to make laws must be limited to whatever shall be necessary [needed] and proper [appropriate, justified].

10. Expressed Powers These are powers that are specifically given to a branch of the government as written in the U.S. Constitution. This idea is connected to the principle of separation of powers that states certain branches of the government have specific expressed powers.

11. The Commerce Clause “Congress has the power to regulate commerce…among the several states…” The Commerce Clause is an example of an expressed power because it is a specific power given to the U.S. Congress. Commerce relates to any activity aimed at earning money by manufacturing, buying, selling or trading items of value. Commercial advertizing [commercial for short] is designed to get people to want and buy goods or services.

12. The Commander-in-Chief Clause The president shall be Commander in Chief of the Army and Navy of the United States, and of the militia of the several states… The Commander-in-Chief Clause gives the president the power to order military forces into battle. The Framers probably intended for this power to enable the president to protect the nation against all enemies foreign and domestic.

13. The Supremacy Clause “The laws of the United States which shall be made…shall be the supreme law of the land…and every state shall be bound [by them]…” The Supremacy Clause was designed to maintain a clear example for all of the United States to follow. Each state in the United States may have its own government and laws but they must not conflict with federal [national] laws or the U.S. Constitution. U.S. law and the U.S. Constitution are the supreme law of the land. If state laws do contradict [conflict] U.S. law or Constitution the U.S. Supreme Court can overturn those laws.

14. 13 th Amendment to the U.S. Constitution This was the first of the so-called “Reconstruction Amendments” that was added to the U.S. Constitution after the U.S. Civil War in 1865 to help bring the nation back together. The amendment immediately outlawed (ended) slavery everywhere in the United States.

15. 14 th Amendment to the U.S. Constitution This was the second of the so-called “Reconstruction Amendments” that was added to the U.S. Constitution after the U.S. Civil War in 1865 to help bring the nation back together. This amendment was meant to provide full U.S. citizenship rights for freed slaves after the U.S. Civil War whether they were born in the U.S. or elsewhere by granting “equal protection of the laws.” Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

16. Marbury vs. Madison 1803 : The “Job Case” Facts of the Case: Outgoing President John Adams issued 42 appointments for magistrates [judges]. Congress had just passed a law called the Judiciary Act of 1789 which gave President Adams the chance to appoint the new judges. The magistrates were confirmed by the Senate and President Adams ordered his Secretary of State, James Madison, to deliver all of the appointments. But…it just so happened that James Madison was the in coming president’s new vice president. Madison was able to deliver 38 of the 42 appointments of Adams to the new magistrates. After becoming president, Thomas Jefferson who was a rival of John Adams, decided to stop delivery of the remaining 4 appointments so he could select his own people for jobs. One of the 4 appointees, William Marbury, decided to sue so he could receive his job as allowed by the Senate’s confirmation and the Judiciary Act of 1789. President John AdamsPresident Thomas Jefferson Established the Supreme Court’s right to Judicial Review of all laws and actions of government officials

17. Marbury vs. Madison 1803 : The “Job Case” Constitutional Question: The Court had to decide whether the actions of James Madison acting on orders of new president Thomas Jefferson were valid. This was complicated by the fact that the appointments had already been confirmed by the Senate. Was Article 1 and 3 challenged? Supreme Court’s Ruling: The Court’s opinion was that the Judiciary Act of 1789 was “unconstitutional” which made the appointment of Marbury unenforceable by the Supreme Court. This was the first time the Court had ever “reviewed” laws passed by Congress. The chief justice declared that it was the Court’s job to “say what the law means.”

18. McCulloch vs. Maryland [1819]: The “Bank Case” Facts of the Case: Alexander Hamilton, the Secretary of the Treasury, convinced Congress that the United States needed national banks to help strengthen the new nation by funding projects to modernize the country. So the federal government started creating banks. Many people decided to take their money out of state banks to deposit into national/federal banks. Since Maryland state banks now had to compete for customers with the national/federal banks Maryland decided to tax them to cut into their profit. In Maryland, the national/federal bank manager, refused to pay a hefty $15,000 tax by the state. Maryland sued to recover the tax and won several cases but the national/federal bank decided to appeal what it thought were biased decisions by Maryland courts.

19. McCulloch vs. Maryland [1819]: The “Bank Case” Constitutional Question(s): Did the Congress have the power to pass a law creating a national bank? Did the state of Maryland have the power to tax or enforce a law against the national/federal government? Supreme Court’s Ruling: The Court ruled that Congress had the power to establish a national/federal bank because of the Elastic/Necessary and Proper Clause. Although the exact/specific power to create a bank was not in the Constitution it was implied as one of their powers. Whenever there is a conflict between the national/federal government and a state the national/federal government must prevail [win] as stated in the Supremacy Clause.

20. Gibbons vs. Ogden [1824]: The “Boat Case” Facts of the Case: Aaron Ogden purchased exclusive rights to operate steamboats in state waters between New York City and a town in New Jersey. Thomas Gibbons, one of his competitors in the steamboat business, had a federal federal license with exclusive rights to operate steamboats in the very same area. Ogden believed his license to be superior to Gibbons’ license and sued to shut down his rival competitor.

21. Gibbons vs. Ogden [1824]: The “Boat Case” Constitutional Question(s): Which license was superior the federal license or the state license? Which jurisdiction was more powerful (state or federal)? Did Congress have the power to regulate commerce between states Supreme Court’s Ruling: The opinion of the Court was that Congress had the expressed power to regulate commerce [trade, buying/selling, finance]. Also, the Supremacy Clause states that… Whenever there is a conflict between the national/federal government and a state the national/federal government must prevail [win, triumph]

22. Plessy v. Ferguson [1896] : The “Train Car” Case Facts of the Case: Louisiana state law allowed for separate train cars for whites and blacks. A “justice” committee with members who were white and black decided to challenge the law because they thought it was racist and unfair. The “justice” committee found a man named Homer Plessy, who was of mixed race so he would be allowed to but a ticket in the “white section.” They also raised money and got a lawyer to challenge the law just in case Plessy was arrested. After Plessy boarded the train he announced that he was black and was told to go the “black car.” He refused and was arrested. He was found guilty and fined $100. He lost his appeals in a Louisiana state court but was granted Certiorari 4 years later in the Supreme Court.. Constitutional Question(s): Was Homer Plessy entitled to equal Protection/treatment under the law? Supreme Court’s Ruling: The opinion of the Court was that separating people by race was not unfair or racist and Plessy’s rights were not violated. The dissenting minority opinion heavily criticized the majority decision! Decision’s Effect: The court’s ruling led to a legal precedent to the doctrine [belief/concept] of Separate but Equal. This ruling led to many years of government supported racism. Ruling allowed de jure [by law or legal] segregation [separation].

23. Brown v. Board of Education [1954]: The “Separate Schools” Case Facts of the Case: A third grade student named Linda Brown Was forbidden from going to an all-white school 7 blocks from her home. Instead she was forced to walk 6 blocks Across train tracks and past junk yards to wait at a bus stop to attend a “colored” school 1 mile from her home. Her parents were persuaded by the NAACP to sue the school, system after trying to register their child and being refused. All their appeals were rejected because of the preceden t [stare decisis] set by the Plessy case decision which allowed separate but equal public facilities. The Brown family was granted an appeal [certiorari] to the Court in 1954. Constitutional Question(s): Would the legal precedent set in the Plessy case be overturned? Were racial segregation [separation] laws allowable? Supreme Court’s Ruling: The opinion of the Court determined Separate but Equal effected black children’s ability to learn because based on studies also harmed their self image. The Court’s previous ruling in Plessy was overturned because they believed the 14 th Amendment of the U.S. Constitution allowed equal protection under the law.

24. Korematsu vs. United States [1944] : The “Japanese” Exclusion Case Facts of the Case: President Franklin Roosevelt issued an Executive Order excluding/removing all Japanese-Americans from the West Coast of the United States. After the 1941 Japanese attack on the U.S. Japanese-Americans were forced to sell their homes and businesses. They were then relocated to “camps” in Arizona, New Mexico and Texas. Many Japanese-Americans had been in the U.S. for several generations and almost all were natural born citizens. Many sued to be released but all failed in their appeals. Fred Korematsu sued for his release and was granted certiorari in 1944. Constitutional Question(s): Was the executive order issued by the President allowable and within his power? Were Japanese-Americans treated unfairly during a time of war? Supreme Court’s Ruling: The opinion determined that as Commander in Chief the president had the duty, power and responsibility to use his judgment to determine how to handle war time emergencies so the “temporary” relocation was not considered a violation of Korematsu’s rights.

25. Swann vs. Charlotte-Mecklenburg Board of Education [1971]: The “Forced Busing” Case Facts of the Case: After all efforts to desegregate schools in North Carolina schools in the Charlotte- Mecklenburg system remained heavily racially segregated [separated by color]. The parents of black 6-year old James Swann believed that not being able to go to a school of their choice beyond their neighborhood was preventing the child from receiving a proper education. The parents believed that busing should be provided to insure that desegregation was really happening and their child was going to a school that was appropriate. All lower courts ruled in the school district’s favor because all but most elementary schools were busing students. Constitutional Question(s): Was the ruling in the Brown case being obeyed by this school district? Must a state government agency “go out of its way” to insure constitutional rights? Supreme Court’s Ruling: The opinion of the court stated that without forced busing of students to even out the racial mix of schools the district was not doing enough to make sure schools were not racially segregated. Forced busing become mandatory if the schools wanted to do it.

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