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The Supreme Court
We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America. - Preamble to the Constitution of the United States
Current Justices of the Supreme Court
Current Chief Justice
The Supreme Court… hears cases that involve the Constitution or any laws passed by Congress made up of a Chief Justice + 8 Associate Justices decision rests on a simple majority vote (at least 5 Justices) decisions are final (serve as precedents or examples/guides for future cases)
Chief Justice John Marshall is a MAD MAN
Marbury v. MADison (1803 – same yr as Louisiana Purchase) Supreme Court power to decide whether laws passed by Congress were constitutional or unconstitutional = JUDICIAL REVIEW - Marshall was the MAN for strengthening the power of the U.S. Supreme Court
Overview of the Supreme Court
The Supreme Court is a part of what branch of government? What is the name of the head of the U.S. Supreme Court? How does one become a member of the Supreme Court? What types of cases does the Supreme Court hear?
Overview of the Supreme Court
The Supreme Court is a part of what branch of government? ANSWER: Judicial Branch 2) What is the name of the head of the U.S. Supreme Court? ANSWER: Chief of Justice How does one become a member of the Supreme Court? ANSWER: The President of the U.S. appoints a new nominee BUT Congress must approve of his (or her) nominee = Checks and Balance What types of cases does the Supreme Court hear? ANSWER: The Supreme Court hears cases that have been tried and appealed as far as law permits in lower courts. The Supreme Court hears only issues about the Constitution, federal law, or treaties.
FIRST AMENDMENT (FREE SPEECH, PRESS, RELIGION)
Court Case: Decision: Right and/or group directly affected: Schenck v. United States (1919) that Schenck’s protests against US involvement in WWI were a “clear and present danger” to the United States Freedom of speech (First Amendment) Tinker vs. Des Moines The wearing of black arm bands was protected by the Constitution. Students enjoy protection of the Bill of Rights unless their actions materially disrupt the educational environment. - The rights of students in school New York Times Co. v. United States (1971) The Court ruled that the papers did not violate national security and therefore the newspapers had the right to publish them.. Freedom of the press
SLAVERY/RIGHTS FOR AFRICAN-AMERICANS
Court Case: Decision Group directly affected: Dred Scott v. Sanford (1857) that blacks were not citizens and that slaves were property and could be taken anywhere, regardless of a state’s status as free or slave holding. Enslaved men and women and free blacks Plessy v. Ferguson (1898) established that “separate but equal” facilities were legal (thereby upholding the Jim Crow laws of Southern states) African-Americans Brown vs. Board of Education Topeka (1954) one of the most celebrated cases, the court struck down separate but equal and ordered integration in the nation's schools with "all deliberate speed." African-Americans – rights of ethnic minorities
RIGHTS OF THE ACCUSED (a person ACCUSED of a crime)
Court Case: Decision Group directly affected: Mapp v. Ohio (1961) right against illegal search and seizure a person accused of a crime Gideon v. Wainwright (1963) right to counsel Miranda v. Arizona (1966) established a suspect’s right to be informed of his or her rights * All of these cases were decided when Earl Warren was acting Chief Justice (Warren Court) - expansion of individual rights in criminal cases
Supreme Court Decisions Under Chief Justice JOHN MARSHALL (1801-1835)
Court Case: Decision: Constitutional Concepts Enduring Issues: Marbury vs. Madison (1803) JUDICIAL REVIEW! Judicial Review/Separation of powers McCulloch v. Maryland (1819) John Marshall declares "the power to tax is the power to destroy." The Supremacy Clause of the Constitution prohibits state taxation of a federal institution. Judicial Review; Federalism Gibbons vs. Ogden (1824) Congress has the authority to regulate Interstate Commerce Judicial Review/Federalism If you see… John Marshall Answer: Either he expanded the power of the federal government, or judicial review
Supreme Court Decisions Under Chief Justice EARL WARREN (1953-1969)
Key Influence: active in expanding the rights of the accused Court Case: Decision: Group directly affected: Brown vs. Board of Education (1954) Segregation in public schools in unconstitutional African-Americans and ethnic minorities Gideon vs. Wainwright (1963) the right to an attorney. Accused persons Miranda vs. Arizona (1966) established a suspect’s right to be informed of his or her rights
TO STUDY FOR THE REGENTS
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