Agenda 2/6/15 1-Bell Ringer Power Point Review Questions 21-40 ICIVICS- The Judicial System

Bell Ringer How are the author's views from this passage applied in the U.S. Constitution? A. The U.S. Constitution limits the rights of the people. B. The U.S. Constitution limits the power of the federal government. C. The U.S. Constitution requires the states to provide for the common defense. D. The U.S. Constitution requires the government to promote the general welfare.

Objective Today Students Will: Participate in role play activities and create a flow chart to depict the details and significance of the following Supreme Court cases:

The United States Supreme Court Article 3 of the US Constitution How did the Supreme Court under Chief Justice John Marshall’s leadership change American Government? The U.S.S.C. interprets the Constitution and the Law

Landmark Supreme Court Decisions during the Marshall Years. Three key court cases include: Marbury v. Madison McCullock v. Maryland Gibbons v. Ogden

-A Federal Judge’s term of office is Retire/Expire The United States Supreme Court under John Marshall (Marshall served as Chief Justice from 1801 to 1835) -A Federal Judge’s term of office is Retire/Expire -The Framers of the Constitution wanted to insulate Judges from politics in order to make sure that Judges would focus on the law and not popular appeal. What is the term of office for a Federal Judge (Article 3), and why is it different than the tenure of office for the other two branches of government?

Marbury v. Madison (1803) John Adams’ Midnight Appointments Adams, as a lame duck president, appointed several new judges on the eve of Jefferson’s inauguration The most famous appointment was John Marshall to Chief Justice. William Marbury was appointed to a lower federal court. Marbury’s appointment was not delivered before the change of presidential administration. The new Jefferson administration refused to honor the appointment. Marbury appealed to the S.C. to secure his judgeship.

Marbury v. Madison (1803) John Adams’ Midnight Appointments Marbury believed that CJ Marshall would grant him the judgeship because they were both federalists. Jefferson refused to grant the judgeship regardless of what the SC said. Fearing a constitutional crisis, Marshall sacrificed Marbury and carved out a new power for the Supreme Court. Marshall & the SC declared the portion of the law that granted Marbury his judgeship UNCONSTITIONAL, Marbury was denied his judgeship, but the SC gained the power of JUDICIAL REVIEW

John Marshall, Marbury v. Madison Judicial Review gives the S.C. the Power to declare an act of Congress or the President Unconstitutional It is emphatically the province and duty of the judicial department to say what the law is…Thus the particular phraseology of the Constitution of the United States confirms and strengthens the principle, supposed to be essential to all written constitutions, that a law repugnant to the Constitution is void… John Marshall, Marbury v. Madison

McCulloch v Maryland "The POWER to tax is the POWER to destroy" John Marshall The state of Maryland attempted to tax a federal bank. At issue in this case was the supremacy of the federal government v States Rights. The Court nullified Maryland’s state law & established the supremacy of the federal government.

Gibbons v Ogden At issue in this case was whether or not the State of New York had the legal authority to grant one steamship company a contract on an interstate waterway. The Court clarified Federal authority over interstate commerce when it nullified New York State’s law. Federal law is Supreme over State Law.

Conclusion How did the Supreme Court under Chief Justice John Marshall’s leadership change American Government? The Marshall court established the power of Judicial Review (Unwritten Constitution) Strengthened the Supreme Court (Checks & balances-Declaring laws unconstitutional) Strengthened the power of the Federal Government over the States (Federal Supremacy)

Conclusion The Marshall Court had a great impact on American society. Under Marshall the Supreme Court strengthened the authority of the Federal Government as well as the power of the Supreme Court.

Today Students Will: Participate in role play activities and create a flow chart to depict the details and significance of the following Supreme Court cases: Marbury v. Madison McCulloch v. Maryland

Warm UP: What is judicial review? What does the supremacy clause mean for our government?

Landmark Supreme Court Cases Marbury v. Madison McCulloch v. Maryland

Marbury v. Madison: Case Background Election of 1800 Thomas Jefferson and the Democratic-Republican Party replace John Adams and the Federalist Party Adams nominates dozens of federal judges but does not deliver all commissions Jefferson refuses to deliver them via James Madison when he takes office

Marbury v. Madison Constitutional Issue John Marbury petitioned the S.C. for a petition of mandamus to force Madison to deliver his commission. Could the Supreme Court force the Executive Branch to take such action?

Marbury v. Madison Questions Before the Court Was Marbury legally appointed? Yes Was the Judiciary Act of 1789—the law that gave the court power to issue a writ—legal? NO

Marbury v. Madison The Decision By declaring the Judiciary Act of 1789 unconstitutional, the Supreme Court established its right to review the actions of the other two branches.

McCulloch v. Maryland Case Background In 1816, Congress established the Second National Bank. States opposed the opening of branches throughout the country.

McCulloch v. Maryland Constitutional Issue Maryland passed a $1500 tax on the bank which James McCulloch of the Baltimore branch refused to pay. McCulloch was sued by MD and took his case to the Supreme Court

McCulloch v. Maryland Questions Before the Court Did the Congress have the power to establish a bank? Yes Did Maryland have the power to tax the National Bank?  No

McCulloch v. Maryland The Decision Supreme Court ruling base on the elastic and supremacy clauses. It could be deemed “necessary and proper” that Congress create a bank and because the national govt is supreme, MD had no right to tax it.

Learning Log Which of the Supreme Court cases discussed in class today do you think had the greatest impact on the development of U.S. Government? Explain your choice!

Procedures Divide into five groups each group take one of the following Supreme Court cases featured in the video: Tinker v. Des Moines Independent School District (1969); Texas v. Johnson (1989); Miranda v. Arizona (1966); Board of Education of Westside Community Schools v. Mergens (1990).   Review the case assigned- Remember that the Supreme Court can find state and other laws to be constitutional or in violation of the U.S. Bill of Rights, in which case it may overturn them.  

1. In Texas v. Johnson, the Supreme Court held that Johnson's conviction for flag desecration was inconsistent with the First Amendment 2. Tinker v. Des Moines involved three public school students who were suspended from school for wearing black armbands to protest the government's policy in Vietnam. 3. Miranda v. Arizona upheld safeguards that ensure that a person who has been taken into custody may not be deprived of the Fifth Amendment's privilege against self-incrimination. 4. At the end of President John Adams’ term, his Secretary of State failed to deliver documents commissioning William Marbury as Justice of the Peace in the District of Columbia.  Once President Thomas Jefferson was sworn in, in order to keep members of the opposing political party from taking office, he told James Madison, his Secretary of State, to not deliver the documents to Marbury.  Marbury then sued James Madison asking the Supreme Court to issue a writ requiring him to deliver the documents necessary to officially make Marbury Justice of the Peace. The Marbury v. Madison decision resulted in establishment of the concept of judicial review.

Evaluation Use the following three-point rubric to evaluate students' work during this lesson. Three points: Students demonstrated a clear understanding of the Internet as a research tool; worked cooperatively to write a clear, concise summary of a Supreme Court case and multiple-choice questions; and actively participated in the class discussion on the Supreme Court's relevance to society today. Two points: Students demonstrated some understanding of the Internet as a research tool; worked somewhat cooperatively to write a clear, concise summary of their Supreme Court case and multiple-choice questions; and took some part in the class discussion on the Supreme Court's relevancy to society today. One point: Students demonstrated little understanding of the Internet as a research tool; had trouble working cooperatively to write a clear, concise summary of their Supreme Court case and multiple-choice questions; participated little or not at all in the class discussion on the Supreme Court's relevance to society today.

Directions Take your assigned court case and identify the following: 1. What is the key issue addressed 2. Identify/summarize the case and include the minority (dissenting opinion) and majority decisions 3. What impact on society did the decision have? 4. Create a graphic to symbolize the impact of your case **You must use at least 3 sites to research your case! Projects are to be 6-10 slides!!- 3 web layers

Landmark Cases Plessy v. Fergusen Engel v. Vitale Miranda v. Arizona Brown v. Board of Education Mapp v. Ohio Tinker v. Des Moines Korematsu v. U S Dredd Scott v. Sanford Gideon v. Wainwright Marbury v. Madison Susan B. Anthony v. US Texas v. Johnson Furman v. Georgia Munn v. Illinois Board of Educ…, Island Trees School District v. Pico-

Suggested sites to be used for research www.landmarkcases.org www.digitalhistory.uh.edu/supreme_court/supreme_court.cfm http://www.oyez.org/oyez/portlet/directory/ http://www.socialstudieshelp.com/CourtCases.htm http://www.infoplease.com/ipa/A0873869.html http://www.supremecourtus.gov/ http://en.wikipedia.org http:www.constitutioncenter.org

Test Your Knowledge A. decreased commerce opportunities The photograph below illustrates an event in U.S. history. What was Congress' response to the social movement symbolized in the photograph? A. decreased commerce opportunities B. increased economic opportunities C. increased religious opportunities D. decreased military opportunities

Test Your Knowledge The newspaper below details an important step in amending the U.S. Constitution. How did the passage of this amendment to the U.S. Constitution impact the political process in the United States? A. Women were allowed to contribute to political campaigns. B. Women were allowed to hold citizenship rights. C. Women were allowed to hold public offices. D. Women were allowed to vote in national elections.

The timeline below shows events related to the death penalty. What constitutional protections have resulted from these events? A. Constitutional protections from cruel and unusual punishment are safeguarded while executions continue. B. Constitutional protections from cruel and unusual punishment are limited while executions continue. C. Constitutional protections of due process of law are safeguarded while executions continue. D. Constitutional protections of due process of law are limited while executions continue.