2. The Supreme Court!

3. Supreme Court ► ► Highest court in the land ► Final interpretation of Constitution ► Judges appointed by _________ with ________ approval! ► “Equal Justice Under the Law”

4. Who are these people? ► All have heavy experience with law ► Appointed for LIFE (hey, most are old) ► Youngest: John G Roberts (middle) ► Also the Chief Justice! ► Born in 1955 ►

5. Decisions are accompanied with a written opinion: ► ► Majority Opinion: opinion that represents over half of the justices ► Dissenting Opinion: opinion going against the majority ► Concurrent Opinion: opinions SHARED by both

6. Turn to page 35! Let’s hear some court cases!

7. Marbury v. Madison Issue: Power of judicial review ► 1803 ► Ruling:  Judicial Review: gave courts Power to declare a law or an act UNCONSTITUTIONAL  Supreme Court is final judge on constitutional issues.   Made Judicial branch = to the L & E branches!

8. --McCulloch v Maryland --1819 the US had a Federal Bank, Bank of US. -- state of Maryland voted to tax all bank Biz not done with state banks, --so if you lived in MD but used a bank in another state you would be TAXED! --McCulloch worked in the Baltimore branch of bank of US --he REFUSED to pay the TAX! -- State of Maryland sued McCulloch!

9. McCulloch v. Maryland Issue : Implied Powers of National Government and Supremacy Clause ► ► 1819 ► Ruling   Federal government is supreme over state government  Allowed for a broad interpretation of constitution: IMPLIED POWERS

10. GIBBONS V OGDEN 1824

11. Gibbons v. Ogden Issue: Federal control over Interstate Commerce ► 1824 ► The key question in this case is who should have power to determine how interstate commerce is conducted: the state governments, the national government, or both? ► ► Congress has power to regulate interstate commerce  (trade b/w states) ► Broke up steamboat monopoly ► Supremacy Clause (Article VI)

12. Dred Scott v. Sanford Issue: Federal attempts to control slavery ► 1857 ► Being a citizen of a state (slave or non-slave state) didn’t make a person a U.S. citizen ► Only Congress can grant American citizenship

13. Plessy v. Ferguson Issue: 14 th Amendment and Segregation ► 1896 ► 14 th amendment guarantees racial equality in legal terms, not social matters ► “separate but equal” Does Treating People Equally Mean Treating Them the Same?

14. Schenck v. US Issue: 1 st Amendment rights ► 1919 ► Limited free speech when it presents a CLEAR and PRESENT DANGER ► defendant, Charles Schenck, a Socialist, circulated a flyer to recently drafted men. The flyer, which cited the Thirteenth Amendment's provision against "involuntary servitude," exhorted the men to "assert [their] opposition to the draft,“ Charles Schenck SocialistThirteenth AmendmentCharles Schenck SocialistThirteenth Amendment ► ► Schenck was charged with conspiracy to violate the Espionage Act of 1917 by attempting to cause insubordination in the military and to obstruct recruitment. Espionage Act of 1917 insubordinationmilitaryrecruitment

15. Korematsu v. US Issue: Detainment of Japanese American citizens during WW II ► 1945 ► Japanese-American relocation camps were found to be constitutional!!

17. Brown v Board of Education Issue: Segregation and 14 th Amendment ► 1954 ► Separate but equal was ruled UN-constitutional ► ► Overturned Plessy v. Ferguson ► School segregation ► School DEsegregation

19. Gideon v. Wainwright Issue: Right to an Attorney ► 1963 ► Accused has the right to be advised of their rights ► Accused will get a court-appointed attorney if he/she can’t afford one ► Freedom from self-incrimination (5th)

20. Mapp v. Ohio Issue: Search Warrants ► 1961 ► 4 th Amendment ► Prohibition of unreasonable search and seizure ► States nor federal governments can use illegally obtained evidence

21. Abington Schools v. Schempp Issue: Religion in schools ► 1963 ► Declared school sponsored Bible reading in public schools UNCONSTIUTIONAL ► Favor of Edward Schempp

22. Reynolds v. Sims Issue: Equal Representation in State Government ► 1964 ► “One man, one vote” ► of election districts ► Reapportionment of election districts

26. Roe v. Wade ► 1973 ► Jane Roe, unmarried and pregnant who wanted an abortion ► But texas law made it illegal to abort a fetus ► Filed a suit to challenge the law ► Issue: first trimester (3 months) abortion is up to the woman and her physician ► Abortion is legalized ► Most controversial case

27. New Jersey v. TLO ► 1985 ► Teacher at a high school caught girls smoking in the bathroom ► Allowed to smoke in some areas but not b-room ► One said (tlo) she was smoking the other said she wasn’t. ► Principal told TLO to give him her purse ► Found cigs and rolling papers ► Thought she was using…  Marijuana ► Decided to search her purse even more! ► Found weed, pipe, list of names ► Upheld 4 th amendment!  Appropriate Search and seizure applies to public schools too