Quote of the Day: “School officials do not possess absolute authority over their students. Students in school as well as out of school are "persons" under our Constitution.”--Justice Fortas concerning Tinker v Des Moines “School officials do not possess absolute authority over their students. Students in school as well as out of school are "persons" under our Constitution.”--Justice Fortas concerning Tinker v Des Moines

Amendments that extended voting rights: Amendment 15: Extended right to vote to African Americans Amendment 15: Extended right to vote to African Americans Amendment 19: Extended right to vote to Women Amendment 19: Extended right to vote to Women Amendment 24: Outlawed Poll Taxes Amendment 24: Outlawed Poll Taxes Amendment 26: Lowered voting age to 18 Amendment 26: Lowered voting age to 18

Key Amendments that protect peoples rights: Amendment 1: freedom of religion, speech, press, assembly, separation of church and state, petition the government Amendment 1: freedom of religion, speech, press, assembly, separation of church and state, petition the government Amendment 2: right to bear arms Amendment 2: right to bear arms Amendment 4: protection against unreasonable search and seizure Amendment 4: protection against unreasonable search and seizure Amendment 5: No self incrimination, capital crimes charges must be leveled by a grand jury Amendment 5: No self incrimination, capital crimes charges must be leveled by a grand jury Amendment 6: fair and speedy trial, right to have the assistance of counsel for defense Amendment 6: fair and speedy trial, right to have the assistance of counsel for defense Amendment 7: trial by jury in civil suits exceeding $20 Amendment 7: trial by jury in civil suits exceeding $20 Amendment 8: no excessive bail, no cruel and unusual punishment Amendment 8: no excessive bail, no cruel and unusual punishment Amendment 14: equal protection under the law, due process of law Amendment 14: equal protection under the law, due process of law

Warren Court: Brown v Board of Education The court overturned Plessy vs Ferguson In ruling in favor of Brown the court ordered the desegregation of public schools

Warren Court: Mapp v Ohio The court ruled that the evidence obtained in the search was inadmissible because it was seized in an illegal search. The court ruled that the evidence obtained in the search was inadmissible because it was seized in an illegal search. The court created the "exclusionary rule" which makes illegally obtained evidence inadmissible in court. The court created the "exclusionary rule" which makes illegally obtained evidence inadmissible in court. This ruling upheld the principles of the fourth amendment. This ruling upheld the principles of the fourth amendment.

Warren Court: Gideon v Wainright The Court ruled that all citizens must be provided a lawyer if they cannot afford one, regardless of the type of crime. The Court ruled that all citizens must be provided a lawyer if they cannot afford one, regardless of the type of crime.

Warren Court: Escobedo vs Illinois The Court extended the "exclusionary rule" to illegal confessions and ruled that Escobedo's confession should not have been allowed in as evidence. The Court extended the "exclusionary rule" to illegal confessions and ruled that Escobedo's confession should not have been allowed in as evidence. "Escobedo Rule“—individuals have the right to an attorney when an "investigation is no longer a general inquiry... "Escobedo Rule“—individuals have the right to an attorney when an "investigation is no longer a general inquiry...

Warren Court: Miranda vs Arizona The Court ruled that citizens must be informed of their rights prior to questioning. The Court ruled that citizens must be informed of their rights prior to questioning. Any evidence or statement obtained prior to a suspect being read his/her rights is inadmissible. Any evidence or statement obtained prior to a suspect being read his/her rights is inadmissible. This has led to what is commonly referred to as one's "Miranda Rights" having to be read upon questioning or arrest. This has led to what is commonly referred to as one's "Miranda Rights" having to be read upon questioning or arrest. Miranda Rights: "You have the right to remain silent, anything you say can, and will be used against you in a court of law. You have the right to an attorney. If you cannot afford one, one will be appointed for you." Miranda Rights: "You have the right to remain silent, anything you say can, and will be used against you in a court of law. You have the right to an attorney. If you cannot afford one, one will be appointed for you."

Warren Court: Engle v Vitale The court ruled against the school district and upheld the establishment clause of the first amendment. The court ruled against the school district and upheld the establishment clause of the first amendment. Prayer in schools was to be considered unconstitutional. Prayer in schools was to be considered unconstitutional.

Warren Court: Abbington v Schempp Just as in Engle v Vitale, religious instruction in school was deemed to violate the 1st amendment of the constitution.

Warren Court: Tinker v Des Moines The court ruled against the school district saying that “students do not shed their constitutional rights at the school house gates.” The court ruled against the school district saying that “students do not shed their constitutional rights at the school house gates.” In doing so the court protected what has come to be known as "symbolic speech.” In doing so the court protected what has come to be known as "symbolic speech.” The Court did however uphold the right of school districts to define what clothing is disruptive to the learning environment and outlaw such clothing on school property via a dress code The Court did however uphold the right of school districts to define what clothing is disruptive to the learning environment and outlaw such clothing on school property via a dress code.

Warren Court: Katz vs United States The Court, however, ruled in favor of Katz, stating the Fourth Amendment allowed for the protection of a person and not just a person's property against illegal searches. The Court, however, ruled in favor of Katz, stating the Fourth Amendment allowed for the protection of a person and not just a person's property against illegal searches.

Burger Court: NY Times v United States The court ruled that the information did not represent a clear and present danger to national security and that the governments attempt to suppress the information was an attempt at censorship and a violation of first amendment rights to freedom of the press. The court ruled that the information did not represent a clear and present danger to national security and that the governments attempt to suppress the information was an attempt at censorship and a violation of first amendment rights to freedom of the press.

Burger Court: United States v. Nixon The Court decided that President Nixon must hand over the specific tapes and documents to the Special Prosecutor. The Court decided that President Nixon must hand over the specific tapes and documents to the Special Prosecutor. Presidential power is not above the law. It cannot protect evidence that may be used in a criminal trial. Presidential power is not above the law. It cannot protect evidence that may be used in a criminal trial.

Burger Court: Bakke v University of California Board of Regents In a two part ruling the court ordered Bakke to be admitted to medical school. In a two part ruling the court ordered Bakke to be admitted to medical school. The court ruled that Bakke had, in fact, been discriminated against. The court ruled that Bakke had, in fact, been discriminated against. The court did, however, uphold the legality of affirmative action programs. The court did, however, uphold the legality of affirmative action programs. The court cited Harvard Universities affirmative action program that created guidelines for admission rather than strict quotas. The court cited Harvard Universities affirmative action program that created guidelines for admission rather than strict quotas.

Burger Court: Roe v Wade In this landmark decision the Court declared that laws prohibiting abortion represented a violation of a women's right to privacy. In this landmark decision the Court declared that laws prohibiting abortion represented a violation of a women's right to privacy.

Burger Court: New Jersey v T.L.O. The Court ruled against T.L.O. setting new standards for school officials. The Court ruled against T.L.O. setting new standards for school officials. The Court ruled that school officials may search a student under "reasonable suspicion." The Court ruled that school officials may search a student under "reasonable suspicion." The standard is less than that required of police therefore giving school officials much broader search powers under the fourth amendment. The standard is less than that required of police therefore giving school officials much broader search powers under the fourth amendment.

Info Judicial Review is the courts most powerful check on other branches Judicial Review is the courts most powerful check on other branches John G. Roberts is the current Chief Justice John G. Roberts is the current Chief Justice Only been 16 Chief Justices Only been 16 Chief Justices Most active period under Warren Most active period under Warren Most were federal judges Most were federal judges Does the Constitution have a limit on members? Does the Constitution have a limit on members? 6 originally now 9 6 originally now 9 Terms for life (does not affect decision making) Terms for life (does not affect decision making)

Courts throughout the US 94 Federal 94 Federal Majority begin in district courts Majority begin in district courts 12 Circuit courts (or appeals) 12 Circuit courts (or appeals) Trial court – to resolve disputes by determining the facts and applying legal principles to decide who is right. Trial court – to resolve disputes by determining the facts and applying legal principles to decide who is right. Appellate court- determine whether the law was applied correctly in the trial court Appellate court- determine whether the law was applied correctly in the trial court

Constitutional judges cannot be fired Constitutional judges cannot be fired Criminal court - state attorney’s office (US) prosecutes a crime against an individual (violating a law) Criminal court - state attorney’s office (US) prosecutes a crime against an individual (violating a law) Ex. Drunk driving, abuse Ex. Drunk driving, abuse Civil Court -Plaintiff v Defendant - failed to carry out a legal duty owed to the plaintiff state and federal courts Civil Court -Plaintiff v Defendant - failed to carry out a legal duty owed to the plaintiff state and federal courts Ex violating a contract Ex violating a contract

Jurisdiction Jurisdiction - Jurisdiction refers to the kinds of cases a court is authorized to hear. Jurisdiction - Jurisdiction refers to the kinds of cases a court is authorized to hear. Cases in which the United States is a party Cases in which the United States is a party Cases involving violations of the U.S. Constitution or federal laws (under federal-question jurisdiction) Cases involving violations of the U.S. Constitution or federal laws (under federal-question jurisdiction) Cases between citizens of different states if the amount in controversy exceeds $75,000 (under diversity jurisdiction); and bankruptcy, copyright, patent, and maritime law cases. Cases between citizens of different states if the amount in controversy exceeds $75,000 (under diversity jurisdiction); and bankruptcy, copyright, patent, and maritime law cases.

Things to know Of the 159 nominations for Supreme Court Justice that presidents have submitted to the Senate for confirmation, the Senate has rejected only 12. Of the 159 nominations for Supreme Court Justice that presidents have submitted to the Senate for confirmation, the Senate has rejected only justices have been impeached throughout history 15 justices have been impeached throughout history Federal laws overturned by the SCOTUS is well over 100 Federal laws overturned by the SCOTUS is well over 100 What happens when a decision ends in a tie? What happens when a decision ends in a tie? lower court decision stands lower court decision stands

Confirmation Process A litmus test is a question asked of a potential candidate for high office, the answer to which would determine whether the nominating official would proceed with the appointment or nomination. A litmus test is a question asked of a potential candidate for high office, the answer to which would determine whether the nominating official would proceed with the appointment or nomination. The expression is a metaphor based on the litmus test in chemistry. The expression is a metaphor based on the litmus test in chemistry.

Political Factors that affect Presidential appointment decisions of SCOTUS campaign promises campaign promises Gender Gender geographic diversity geographic diversity home-state senator (if lower courts) ideology home-state senator (if lower courts) ideology interest group input interest group input issue positions issue positions Party Party potential for confirmation success potential for confirmation success professional background, experience, education race professional background, experience, education race Religion Religion scandal scandal

Political Factors that affect confirmation of nominees advice and consent campaign promises Filibuster Gender geographic diversity Holds home-state senator (if lower courts) ideology interest group input issue positions the media (televising Judiciary Committee hearings) Party professional background, experience, education Race Religion safe/weak nominee Scandal senatorial courtesy

Legislative Checks on Court decisions amendments amendments confirmation congressional funding (power of the purse) confirmation congressional funding (power of the purse) impeachment jurisdiction stripping legislation impeachment jurisdiction stripping legislation

Executive checks on court decisions power of appointment executive power of appointment executive enforcement of decisions enforcement of decisions