1. Bellwork:
Take out Spiral Notebook
You’re on the TV show Who Wants to Be A Millionaire and you’re asked a tough questions.
Will you phone a friend or ask the audience? Explain

2. The Bill of Rights and The Supreme Court

3. Bill of Rights
$ Originally the Bill of Rights was intended to limit the powers of the National Government.

4. A Commitment to Freedom
The listing of the general rights of the people can be found in the first ten amendments in the Constitution, also known as the Bill of Rights.
The 13th and 14th amendments have also added to the Constitution’s guarantees of personal freedom.
In general, civil liberties are protections against government.
They are guarantees of the safety of persons, opinions, and property from arbitrary acts of government.
The term civil rights is sometimes reserved for those positive acts of government that seek to make constitutional guarantees a reality for all people. 2 3 4
Chapter 19, Section 1

5. Freedom of Expression: 1st Amendment
Two guarantees of religious freedom:
Establishment Clause
Guards against establishing a mandated religion.
In effect, freedom from religion
Free Exercise Clause
$Guards against the government interfering in the exercise of any religion.
$ In effect, Religious Liberty or freedom for religion. 1 3 4
Chapter 19, Section 2

6. Separation of Church and State
A wall of separation?
Church and government are constitutionally separated from one another.
However, the government supports churches and religion in a variety of ways, including tax exemption. 1 3 4
Chapter 19, Section 2

7. Religion and Education
The Supreme Court has had to consider many Establishment Clause cases that involve religion and education. 1 3 4
Chapter 19, Section 2

8. The Lemon Test The purpose of the aid must be nonreligious.
The Lemon Test is based on Lemon v. Kurtzman, 1971.
The purpose of the aid must be nonreligious.
The aid can neither advance nor inhibit religion.
Aid must not excessively entangle the government with religion. 1 3 4
Chapter 19, Section 2

9. Other Establishment Clause Cases
Seasonal Displays
Lynch v. Donnelly, 1984— allowed the display of a nativity scene along with other nonreligious objects on public land
County of Allegheny v. ACLU, 1989—prohibited an exclusively Christian holiday display
Pittsburgh v. ACLU, 1989—allowed a multi-faith holiday display
Chaplains
The Supreme Court ruled in Marsh v. Chamber, 1983 that it was permissible for chaplains to open daily sessions of Congress and State legislatures 1 3 4
Chapter 19, Section 2

10. The Free Exercise Clause
Limits
Actions that violate social duties or disrupt social order are not covered under the Free Exercise Clause.
Examples:
Bigamy
Using poisonous snakes during religious ceremonies
Schoolchildren who have not been vaccinated
Free Exercise Upheld
The Court has found many government actions to be counter to the Free Exercise Clause.
Examples:
Amish children cannot be forced to go to school after grade 8
Ministers are allowed to hold elective office
Unemployment benefits cannot be denied to someone who quit their job because of religious beliefs 1 3 4
Chapter 19, Section 2

11. The Free Exchange of Ideas
Freedom of Speech and Freedom of Press guarantees are meant to:
Protect each person’s right of free expression, whether spoken, written, or communicated in any other way.
Protect all persons’ right to a complete discussion of public affairs.
Freedom of Speech and Press do not protect:
Libel, the false and malicious use of written words
Slander, the false and malicious use spoken words
Obscenity
Words that incite others to commit crimes 1 2 4
Chapter 19, Section 3

12. Seditious Speech
Sedition is the crime of attempting to overthrow the government by force, or to disrupt its lawful activities by violent acts. Seditious speech is speech that urges such conduct.
Congress has enacted three major laws to prevent sedition and seditious speech:
The Alien and Sedition Acts—made scandalous or false criticism of the government illegal. Expired before Thomas Jefferson took office in 1801.
The Sedition Act of 1917—made it a crime to encourage disloyalty or spread anti-government ideas during a time of crisis. Upheld by the Supreme Court in instances of “clear and present danger.”
The Smith Act of 1940—forbade advocating violent overthrow of the government, and belonging knowingly to any group that does. The Supreme Court still upholds the constitutionality of the law, but over time has modified it so that it is difficult to enforce. 1 2 4
Chapter 19, Section 3

13. Obscenity Obscenity Test laid out in Miller v. California, 1973
Obscenity laws are enforced under the postal power (Article I, Section 8, Clause 7 of the Constitution).
1) The average person finds that the work appeals to “prurient interests” judging from contemporary standards.
2) The work describes offensive sexual conduct that is specifically outlawed as obscene.
3) The work lacks serious value of any variety. 1 2 4
Chapter 19, Section 3

14. The Media 1 2 4
Chapter 19, Section 3

15. Symbolic Speech
Supreme Court rulings show that the blanket of symbolic speech covers only so much. It does not cover destroying draft cards (United States v. O’Brien, 1968) but it does encompass flag burning (Texas v. Johnson, 1989, and United States v. Eichman, 1990).
Symbolic speech is expression by conduct.
Picketing, the patrolling of a business site by workers on strike, is a prevalent form of symbolic speech. 1 2 4
Chapter 19, Section 3

16. Commercial Speech
Commercial Speech is speech for business purposes, usually advertising.
For many years, it was believed that the 1st and 14th amendment guarantees did not protect advertising.
In a handful of decisions in the 1970s, the Court held that advertising was protected, but not without exceptions.
Exceptions include: barring false and misleading advertisement, advertising illegal goods or services, and the promotion of tobacco products on the radio or television. 1 2 4
Chapter 19, Section 3

17. The Constitution’s Guarantees
The Constitution guarantees “…the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”
The right to assemble, or gather with one another to express views.
The right to bring views to the attention of public officials. 1 2 3
Chapter 19, Section 4

18. Time-Place-Manner Regulations
The government can make and enforce rules regarding the time, place, and manner of assemblies.
An example of such a rule is that public areas near schools and courthouses are restricted.
The government’s rules must be content neutral. They can place restrictions of the basis of the time, place and manner of the assembly, but not on what the assembly is trying to say. 1 2 3
Chapter 19, Section 4

19. Public Property 1 2 3
Chapter 19, Section 4

20. Private Property
The rights of assembly and petition do not give people a right to trespass on private property.
States can interpret their constitutions to require owners of private property, such as shopping centers, to allow people to petition on their property. 1 2 3
Chapter 19, Section 4

21. Freedom of Association
The guarantees of freedom of assembly and petition include a right of association—the right to associate with others to promote causes.
The freedom of association also means that a State cannot force an organization to accept members when that association would contradict what the organization believes in. 1 2 3
Chapter 19, Section 4

22. The Right to Keep and Bear Arms
The 2nd Amendment protects the right of each State to form and keep a militia.
Many believe that the 2nd Amendment also sets out an individual right to keep and bear arms.
The Supreme Court has only tried one important 2nd Amendment Case, United States v. Miller, The case involved a section of the National Firearms Act of 1934 that forbid shipping sawed-off shotguns, silencers, and machine guns across State lines without informing the Treasury Department and paying a tax. The Court upheld the provision.
The 2nd Amendment has as yet not been extended to each State under the 14th Amendment. Therefore, the individual States have the right to regulate arms in their own ways. 1 3 4
Chapter 20, Section 2

23. Security of Home and Person
The 3rd and 4th Amendments protect the security of home and person.
The 4th Amendment protects against writs of assistance (blanket search warrants) and “unreasonable searches and seizures.” It is extended to the States through the 14th Amendment. 1 3 4
Chapter 20, Section 2

24. Aspects of the 4th Amendment1 3 4
Chapter 20, Section 2

25. The Meaning of Due Process2 3 4
Chapter 20, Section 1

26. The 5th and 14th Amendments
The 5th Amendment provides that “no person … shall be deprived of life, liberty, or property without due process of law…”.
The 14th Amendment extends that restriction to State and local governments.
Due process means that the government must act fairly and in accord with established rules at all times.
Due process is broken down into two branches:
Substantive due process—the fairness of the laws themselves
Procedural due process—the fairness of the procedures used to enforce the laws 2 3 4
Chapter 20, Section 1

27. The Right to Privacy
The constitutional guarantees of due process create a right of privacy.
Established in Griswold v. Connecticut, 1965, which held that a law outlawing birth-control was unconstitutional.
In Stanley v. Georgia, 1969, the right of privacy was defined as “the right to be free, except in very limited circumstances, from unwanted governmental intrusion into one’s privacy.”
The right of privacy provoked controversy when it was applied to a woman’s right to an abortion, beginning with Roe v.Wade in 1973. 2 3 4
Chapter 20, Section 1

28. Right to an Adequate Defense
Some rights of the accused: 1 2 4
Chapter 20, Section 3

29. Self-Incrimination
The Fifth Amendment declares that no person can be “compelled in any criminal case to be a witness against himself.” This protection extends to the States, and sometimes to civil trials if the self-incrimination could lead to a criminal charge.
A person cannot be forced to confess to a crime under extreme circumstances.
A husband or wife cannot be forced to testify against their spouse, although they can testify voluntarily.
$ The Fifth Amendment insures a person’s right to not to testify against one’s self
In Miranda v. Arizona, 1966, the Supreme Court set an historic precedent when it would no longer uphold convictions in cases in which the defendant had not been informed of his or her rights before questioning. This requirement is known as the Miranda Rule. 1 2 4
Chapter 20, Section 3

30. Speedy and Public Trial
The right to a speedy and public trial was extended as part of the 14th Amendment’s Due Process Clause by Klopfer v. North Carolina, 1967.
The Speedy Trial Act of 1974 requires that the beginning of a person’s federal criminal trial must take place no more than 100 days after the arrest.
A judge can limit who can watch a trial if the defendant’s rights are in jeopardy. 1 2 4
Chapter 20, Section 3

31. Trial by Jury
Americans in criminal trials are guaranteed an impartial jury chosen from the district where the crime was committed.
If a defendant waives the right to a jury trial, a bench trial is held where the judge alone hears the case.
Most juries have to be unanimous to convict. 1 2 4
Chapter 20, Section 3

32. Cruel and Unusual Punishment
The 8th Amendment also forbids “cruel and unusual punishment.” The Supreme Court extended the provision to the States in Robinson v. California, 1962.
The 8th Amendment is intended to prevent, in the Court’s opinion, barbaric tortures such as drawing and quartering and other excessively cruel punishments.
The Supreme Court held that defining narcotics addiction as a crime, rather than an illness, was cruel and unusual in Robinson v. California, In Estelle v. Gamble, 1976, it ruled that a prison inmate could not be denied medical care.
However, generally the Court has not found many punishments to be cruel and unusual. 1 2 3
Chapter 20, Section 4

33. Bail and Preventative Detention
Preventive detention is a law that allows federal judges to order that accused felons be held without bail if there is a danger that the person will commit another crime if released.
Critics think preventive detention amounts to presuming the accused guilty. The Court upheld the law in United States v. Salerno, 1987.
Bail is a sum of money that the accused may be required to deposit with the court as a guarantee that he or she will appear in court.
The Constitution does not guarantee that all accused persons are entitled to bail, just that the amount of the bail cannot be excessive. 1 2 3
Chapter 20, Section 4

34. Capital Punishment
Capital punishment, or the death penalty, is hotly debated under the 8th Amendment.
The Supreme Court voided capital punishment laws in the early 1970s because it felt that the punishment was applied “capriciously” to only a few convicts, often African American or poor or both.
However, in 1976, the Court held for the first time that a new law which instituted the death penalty was NOT unconstitutional. The new law provided for a two-stage trial process. One trial would determine guilt or innocence, and a second hearing would decide whether the death penalty was warranted. The Court later restricted the use of the death penalty to cases where the victim died.
Despite these decisions, debate still surrounds the issue. 1 2 3
Chapter 20, Section 4

35. Bellwork:
Prepare your notebook!
BrainPop: Write out the seven scenarios below and decide if they are criminal cases or civil cases.

36. Assignment : The US Court System

37. A Dual Court System
There are two separate court systems in the US: state and federal.
Most cases are heard at state level
We are mostly going to talk about the federal court system

38. Types of Federal Courts
Q: Which court is at the top of the US Federal Court System? A:

39. Appealing a Case to the Supreme Court1 2 4
Chapter 18, Section 3

40. How the Supreme Court Operates
Oral Arguments
Once the Supreme Court accepts a case, it sets a date on which lawyers on both sides will present oral arguments.
Briefs
Briefs are written documents filed with the Court before oral arguments begin.
The Court in Conference
The Chief Justice presides over a closed-door conference in which justices present their views on the case at hand. 1 2 4
Chapter 18, Section 3

41. Opinions of the Court
Once the Court finishes its conference, it reaches a decision and its opinion is written. 1 2 4
Chapter 18, Section 3

42. The Supreme Court
The Supreme Court is the highest court in the United States.
Their opinions matter! The decisions they make set a precedent (or rule) for the future.
Sup. Ct is made up of 8 justices and 1 Chief Justice (9 total)
They are appointed by the President and approved by the Senate

43. Why Are They So Important?
The decisions they make are incredibly important.
$ They are appointed to lifetime terms (with good behavior), so they can’t be influenced by voters opinions.
$ Using the power of judicial review, they can look at acts of Congress, the Executive Branch, and the states and declare them unconstitutional.
$ The Supreme Court first used Judicial Reviw(and thus confirmed) in Marbury v. Madison.

44. When is Something Unconstitutional?
Something is unconstitutional when it goes against the US Constitution.
Supreme Court cannot reverse a law just because
It’s unpopular
It’s bad for America
The president or Congress tells them to
$ The Supreme Court can declare a law unconstitutional when the court believes the law is in conflict with the Constitution

45. Examples
$ In the case of Plessy v. Ferguson 1896, the Supreme Court ruled that a business could have separate facilities for blacks and whites as long as they were equal. (“Separate but equal”)

46. Examples
$ In 1954, the Supreme Court overturned Plessy v Ferguson ruling in Brown v. Board of Education when they ruled that separate but equal was unconstitutional because it violated the 14th Amendment.

47. Examples
In Mapp v. Ohio (1966), police entered Mapp’s home without a proper warrant looking for a suspect. Suspect wasn’t there, but they found porn (illegal at that time). Arrested her.
$ In Mapp v. Ohio, the Supreme Court ruled that you can’t use improperly obtained evidence against someone.
$The 4th Amendment protects you from unreasonable search and seizure.

48. Moot Court

49. Finish Assignment 2