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 1803  DECISION  Established the concept of Judicial Review: the Supreme court has the final authority to find acts of government unconstitutional.

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Presentation on theme: " 1803  DECISION  Established the concept of Judicial Review: the Supreme court has the final authority to find acts of government unconstitutional."— Presentation transcript:


2  1803  DECISION  Established the concept of Judicial Review: the Supreme court has the final authority to find acts of government unconstitutional

3  What happened  Students wrote an article the principal would not allow to be published in the school newspaper  DECISION  Schools can filter or limit information that is placed into a school newspaper.  This case allows school officials to have full control of school sponsored activities  Activities can continue “so long as their actions are reasonably related to legitimate pedagogical concerns  1 st Amendment (1988)

4  What happened  2 students caught smoking in bathroom, sent to VP, asked to open purses, VP found rolling paper used for marijuana, asked students to dump out purses, found money, marijuana, and list of people owing her money  DECISION  Schools are only required to have “reasonable suspicion” to search students  4 th Amendment ( 1985)

5  What happened  Obscene Speech at assembly  DECISION  Schools may limit the profane, obscene lewd speech of a student  1 st Amendment (1983)

6  What happened  Students wore black arm bands protesting Vietnam War, they were suspended  DECISION  A student does not shed his rights at the door. Black armbands to protest the Vietnam War can be worn since they are not disruptive.  1 st Amendment (1969)

7  What happened  Sent to juvenile detention for an alleged obscene phone call, no lawyer, no witnesses  DECISION  Juveniles are provide due process as well as adults  Prior to this ruling juvenile crimes were handled in family law not criminal law  14 th Amendment – Due Process (1966)

8  What happened  Maryland tried to put a tax on a branch of the Bank of the US  DECISION  A state cannot tax a federal institution  Supremacy Clause (1819)

9  What happened  Ogden had NY state license to ferry people from NYC to NJ, Gibbons also ferried people but had no state license but did have a federal coasting license  DECISION  The Federal government has the power over the state to regulate interstate commerce. Federal ferry license prevails over a State Ferry License (no NY monopoly)  Supremacy Clause (1824)

10  What happened  Sandford lived in MO (a slave state) took Dred Scott to IL (a free state) and Scott said he was now free  DECISION  States cannot deprive a person of his right to property  5 th Amendment (1857)

11  What happened  Plessy (1/8 of African decent) sat in white only train car, would not move when asked  DECISION  Established the concept of “separate but equal” in public facilities  14 th Amendment (1896)

12  What happened  Mr. Brown wanted his daughter to attend the neighborhood school (she was black and the school was for whites)  DECISION  Schools were desegregated. Separate is unequal. Separate but equal has no place  Integrated schools  Overturned Plessy v. Ferguson  14 th Amendment (1954)

13  What happened  Mr. Swann said CMS was not integrated even though Brown v. Board of Ed said that segregation is not okay  DECISION  Court ordered busing to integrate schools  This decision changed the landscape of CMS schools by forcing the busing of students outside their neighborhood school  This lead to forced desegregation of schools  14 th Amendment (1971)

14  What happened  Mr. Korematsu said it is not Constitutional for people of Japanese decent to be forced to move to internment camps  DECISION  Justices ruled for US government saying that times of national hardship and extreme times can allow some individual rights to be taken away  Court upheld the military order presented by the circumstances of WW II – “Pressing public necessity may sometimes justify the existence of restrictions which curtail the civil rights of a single racial group”  5 th Amendment – Due Process (1944)

15  What happened  Georgia death penalty law vague and so most death row inmates were Black men  DECISION  Capital Punishment and the enforcement of the death penalty cannot be racially biased  8 th and 14 th Amendment (1971)

16  What happened  Sentenced to death for 2 counts murder  DECISION  Upheld sentences of death – death penalty itself does not violate the Constitution  8 th and 14 th Amendments (1976)

17  What happened  Gideon charged with crime, at that time in FL lawyers only given for death penalty and insanity cases, he had no money to pay a lawyer and was found guilty  DECISION  All accused persons are entitled to a lawyer, even if they cannot afford one.  Right to Counsel  Person must have counsel provided, regardless of the charges filed against them  Gideon Rule  6 th Amendment (1963)

18  What happened  Miranda arrested but not told his right to not confess to the crime, he signed a confession and was convicted  DECISION  A person must be read his or her rights before being arrested.  When Ernesto Miranda was arrested and questioned and signed a confession that listed that he had “full knowledge of his legal rights”, he was not made aware of his rights to counsel and the confession was illegally gained.  5 th Amendment (1966)

19  What happened  Police searched Mapp’s house with a fake warrant and found illegal material  DECISION  Illegally obtained evidence cannot be used in court.  Illegal Evidence and Due Process Clause  No illegal search and seizures applied to all states  Before this rule not every state incorporated excluding evidence gained through an illegal search  Exclusionary Rule  4 th and 14 th Amendment (1962)

20  What happened/Decision  “Reasonable expectation of privacy” did not include wiretapping. 4 th amendment does not protect individuals form wiretapping. And this evidence may be used in court.  4 th Amendment (1928)

21  What happened  School board required students to say a prayer at beginning of each day  DECISION  A school cannot require students to pray. This court case upheld separation of church and state.  Establishment Clause  Eliminated prayers in school  Students cannot be forced to recite a prayer because it violates their 1 st Amendment right to freedom of religion  1 st Amendment (1962)

22  What happened  Texas had a law against desecrating the Flag, Mr. Johnson burned a Flag in protest  DECISION  The Government cannot limit a citizen’s right to burn the US Flag  This case protected the rights of individuals to freedom of expression, even if in this case that expression is the burning of the American flag  1 st Amendment (1989)

23  What happened/Decision  A state cannot take away a woman’s right to an abortion  4 th Amendment (1973)

24  What happened  Anti-Vietnam leader who urged men to resist the draft  DECISION  Free speech is limited during times of war and 1 st Amendment rights are not absolute  1 st Amendment (1919)

25  What happened  A white student was not accepted in to the school and several minority students with lower scores were  DECISION  Schools cant use admissions quotas and admit students solely based on race  14 th Amendment (1978)

26  What happened/Decision  Congress could outlaw racial segregation of private facilities that are engaged in interstate commerce  Supremacy Clause (1964)

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