Supreme Court
Which of the following Supreme Court cases addressed the fourth
amendment right against searches and seizures?
• Brown vs Board of Education
• New Jersey vs T.L.O.
• Miranda vs Arizona
• Texas vs Johnson
Which of the following Supreme Court cases addressed the rights of a defendant under the 5th and 6th
amendment?
• Brown vs Board of Education
• New Jersey vs T.L.O.
• Miranda vs Arizona
• Texas vs Johnson
In Brown vs Board of Education, which right and amendment was the issue?
• 1st – freedom of speech
• 4th – unreasonable searches and seizure
• 8th– cruel and unusual punishment
• 14th – equal protection
Which amendment is more important to overall freedom?
• 1st
• 2nd
• 3rd
• 4th
• 5th
Judicial Branch
The American Court Structure The U.S. has a dual court system.
dual court
One system of state and local courts and another
system of federal courts.
The American Court Structure
The court’s jurisdiction is set by law and
limited by territory and type of case.
jurisdiction
The authority of a court to hear and decide cases.
Types of Jurisdiction
Power to review cases without prior hearings.
Original jurisdiction
Appellate jurisdiction Supreme court may hear and decide cases
immediately without prior/lower courts. Power to review decisions and change
outcomes of decisions of lower courts.
The Federal Courts
The authority for the federal court system is in
the Constitution. The system includes:
• The Supreme Court
• The federal courts of appeals
• The federal district courts
The United States Supreme Court • Court of last resort in all questions of
federal law and U.S. Constitution.
• The court may hear cases:
Appealed from federal courts of appeal.
Appealed directly from federal district courts.
Appealed from the high court of a state, if claims under federal law or the Constitution are involved.
The United States Supreme Court
The U.S. Supreme Court is composed of:
• A chief justice
• Eight associate justices
Each member of the court is appointed for
“good behavior” by the President and
affirmed by the Senate.
Supreme Court
Supreme Court
• Chief Justice John Roberts
• Neil Gorsuch
• Anthony Kennedy
• Clarence Thomas
Justices continued
• Ruth Bader Ginsburg
• Stephen Breyer
• Samuel Alito
• Sonia Sotomayor
• Elena Kagan
The United States Supreme Court
• In order for a case to be heard by the
Supreme Court, at least four justices must
vote to hear the case.
The United States Supreme Court
When the court decides a case, it can:
• Affirm the decision of the lower court and “let it
stand.”
• Modify the decision of the lower court, without
totally reversing it.
• Reverse the decision of the lower court, requiring no
further court action.
• Reverse the decision of the lower court and remand
the case to the court of original jurisdiction, for either
retrial or resentencing.
Landmark
Supreme Court Cases
Facts of the Case
-John Adams tried to appoint Marbury and several others to
positions before he left office.
-The last minute attempts were never finalized
-The angry appointees sued for their jobs in the Supreme
Court
Question Presented
-Is Marbury entitled to his appointment?
Conclusion
-Yes
- Established “Judicial Review” the ability for courts to
interpret the Constitution
Marbury v. Madison, 1803
Facts of the Case
-Congress created the Second Bank of the United States
-In 1818 the state of Maryland passed extra taxes on the bank
-James McCulloch refused to pay the taxes
Question Presented
-Did Congress have the authority to establish the bank?
-Did Maryland law unconstitutionally interfere with
congressional powers?
Conclusion
-CONGRESS had the power to establish banks and the states
have no influence over them
McCulloch v. Maryland, 1819
Gibbons v. Ogden, 1824 Facts of the case
-A New York state law gave Aaron Ogden a license to operate steamboats on
waters within state jurisdiction
-Thomas Gibbons had a similar license to do the same thing but his was a
Federal coasting license granted by Congress
Questions Presented
-Who had the power to regulate interstate commerce?
Conclusion
- The Court found that Congress had more power
issuing license for “interstate commerce” because
under the Constitution the Congress had all power
over regulating commerce.
Heart of Atlanta Motel v. U.S., 1964
• Congress has power to regulate commerce. Facts of the case
-Title II of the Civil Rights Act of 1964 forbade
racial discrimination by places of Public
accommodation.
-The Heart of Atlanta Motel in Atlanta, Georgia
refused to accept Black Americans
Question presented
-Did Congress deprive motels of the right to
choose their own customers?
Conclusion
-The Court concluded that places of
public accommodation had no “right
to select guests as they saw fit, free
from government
regulations….THEY HAD TO OPEN
THE DOORS TO ALL.
Korematsu v. United States, 1944 Facts of the case
-During World War II, Presidential Executive Order 9066 gave the military authority to exclude citizens of Japanese ancestry from areas deemed critical to nation defense
Question presented
-Did the President and Congress go beyond their war power by implementing exclusion and restricting the rights of American Japanese descent?
Conclusion
- The courts sided with the government and held that the need to protect against espionage outweighed Korematsu’s rights. So, no! National security IS more important than individual rights.
Tinker V. Des Moines, 1969 Facts of the Case
-John Tinker (15), Mary Beth Tinker (13), and Christopher Eckhart (16) decided to
protest the Vietnam war by wearing black arm bands to their school during the
Christmas holiday season.
-The principals of the school districts said that all student wearing these arm bands were
to take them off or face suspensions. They feared it would provoke disturbances
-The students wore their armbands anyway and when they did not take them off they
were suspended until after New Year’s Day
Questions
-Did this violate the students’ “First amendment right?”
Conclusion
- The wearing of the armbands was part of freedom of
speech. Although school officials have the right to prohibit
certain actions, they fail to show how the protest would
cause trouble and disturbance in the school setting.
Hazelwood School District v. Kuhlmeier,1988
Facts of the case
-THE SPECTRUM, the school-sponsored newspaper of Hazelwood East High School, was
written and edited by students.
- The Principal, received the proof of the May 13th issue and found that two of the articles
were inappropriate
-He ordered that the pages on which the articles appeared be withheld from publication
-Cathy Kuhlmeier and two other former Hazelwood students brought the case to court
Question Presented
-Did the deletion of the articles violate the student’s 1st
Amendment [speech/press] right?
Conclusion
- NO, school newspapers are sponsored by the school and
articles not directly reflecting the view of the school for
“learning” purposes can be deleted from the paper.
Engel v. Vitale, 1962 Facts of the Case
-The Board of Regents for the State of New York authorized a short,
voluntary prayer for recitation at the start of each school day.
-“ Almighty God, we acknowledge our dependence upon Thee, and beg
Thy blessings upon us, our teachers, and our country.”
Question Presented
-Does the reading of a nondenominational prayer at
the start of each school day violate the “establishment
of religion” clause of the First Amendment?
Conclusion
- YES, according to the SCOTUS. Neither the prayer’s
nondenominational character nor its voluntary
character saves it from unconstitutionality. By providing
the prayer, New York officially approved religion.
Texas v Johnson,1989 Facts of the case
-Gregory Lee Johnson burned an American flag as a means of protest against
Reagan administration policies.
-Johnson was tried and convicted under a Texas law outlawing flag desecration.
He was sentenced to one year in jail and assessed a $2,000 fine.
Question of the case
-Is the burning of an American flag a form of speech
protected under the 1st Amendment?
Conclusion
- The court found that the burning of the flag is
protected under “expression” in the 1st
amendment.
Mapp v. Ohio, 1961 Facts of the case
-Dolree Mapp was convicted of possessing
obscene materials after an admittedly illegal police
search of her home for a fugitive.
Question Presented
-Were the confiscated materials protected by the
first amendment?
-May evidence obtained through a search in
violation of the 4th amendment be admitted in a
state criminal proceeding?
Conclusion
- Materials obtained from a violation of the 4th
Amendment is inadmissible in a state court
Search
Warrant
New Jersey v. T.L.O, 1984 Facts of the Case
-T.L.O was a 14 year old accused of smoking
in the girl’s bathroom
-A principal at the school questioned her and
searched her purse and found a box of
cigarettes and rolling papers
- He decided to search the pocketbook further
and found a bag of marijuana (and other drug
paraphernalia), plastic bags, money, and a list
of people who still owed her money.
Question presented
-Did the search violate the 4th Amendment?
Conclusion
-NO, the school official is allowed to search a
student if he/she has reasonable suspicion that
a crime has been committed or is in the act of
being committed.
Gideon V. Wainwright, 1963 Facts of the Case
-Gideon was charged in a Florida state court with a felony for breaking and entering.
-He lacked funds as was unable to hire a lawyer to prepare his defense
-When he requested the court to appoint an attorney for him, the court refused
-Gideon defended himself in the trial; he was convicted by a jury and the court sentenced him to 5 years in a
state prison
Question presented
-Did the state court’s failure the appoint counsel for Gideon violate his right to a fair trial and due process of
law as protected by the 6th 14th (equal protection)
Conclusion
- Gideon had the right to be represented by a court-
appointed attorney. The right to an attorney was essential
to a fair trial. Lawyers in criminal courts are necessities,
not luxuries.
Miranda V. Arizona, 1966 Facts of the case
-Ernesto Miranda had been arrested at his home in Phoenix, Arizona and accused of
kidnapping and rape.
-He was questioned at the police station by 2 police officers has was not advised of his right
to an attorney nor his right to remain silent.
-After two hours of interrogation, he signed a written confession to the crime.
-He was found guilty and sentenced to 20 to 30 years in prison
Question
-Does the police practice of interrogating individuals without notifying them of their right to
counsel and their protection against self-incrimination violate he 5th Amendment?
Conclusion
-A person in police custody “or otherwise deprived of his freedom…must be warned prior to
any questioning that he has the right to remain silent, and that anything he says can be
used against him in the court of law..”
Miranda V. Arizona, 1966 Facts of the case
-Ernesto Miranda had been arrested at his home in Phoenix, Arizona and accused of
kidnapping and rape.
-He was questioned at the police station by 2 police officers has was not advised of his right
to an attorney nor his right to remain silent.
-After two hours of interrogation, he signed a written confession to the crime.
-He was found guilty and sentenced to 20 to 30 years in prison
Question
-Does the police practice of interrogating individuals without notifying them of their right to
counsel and their protection against self-incrimination violate he 5th Amendment?
Conclusion
-A person in police custody “or otherwise deprived of his freedom…must be warned prior to
any questioning that he has the right to remain silent, and that anything he says can be
used against him in the court of law..”
Brown v. Board of Education,1954 Facts of the Case
-Black children were denied admission to public schools
-Things were equal in terms of building, curricula, and qualifications of teachers
salaries
Question
-Is segregation in violation of the 14th “equal
protection” amendment?
Conclusion
- “YES” you cannot possibly by separated and equal
because you are separating things on the bases that
they are not the same. “Separate is NOT equal”
Bethel School District No. 403 v. Fraser, 1986
Facts of the case
-At a school assembly Matthew Fraser made a speech nominating a fellow student for
elective office
-In his speech Matthew used a graphic metaphor to promote the candidacy of his friend.
-Fraser was suspended from school for two days
Question Presented
-Does the First Amendment prevent a school district from discipline a high school student
for giving a lewd speech at a high school assembly?
Conclusion
- No, the court found that it was appropriate for the school to prohibit the use of vulgar
and offensive language.
In the Supreme Court case, Gideon v Wainwright, which of the following
amendments were at issue?
• 1st
• 5th
• 6th
• 14th
Which of the following Supreme Court cases addressed the fourth
amendment right against searches and seizures?
• Brown vs Board of Education
• New Jersey vs T.L.O.
• Miranda vs Arizona
• Texas vs Johnson
Which of the following Supreme Court cases addressed the 1st amendment
and the “establishment clause?”
• Brown vs Board of Education
• Engel v Vitale
• Roe v Wade
• Texas vs Johnson
Which of the following Supreme Court cases addressed the rights of a defendant under the 5th and 6th
amendments?
• Brown vs Board of Education
• New Jersey vs T.L.O.
• Miranda vs Arizona
• Texas vs Johnson
In Brown vs Board of Education, which right and amendment was the issue?
• 1st – freedom of speech
• 4th – unreasonable searches and seizure
• 8th– cruel and unusual punishment
• 14th – equal protection
Which amendment is more important to overall freedom?
• 1st
• 2nd
• 3rd
• 4th
• 5th
Which of the following is NOT connected to Congress’ power to
regulate commerce?
• McCullough v Maryland
• Korematsu v the U.S.
• Gibbons v Ogden
• Heart of Atlanta Motel v the U.S.
In Brown vs Board of Education, which right and amendment was the issue?
• 1st – freedom of speech
• 4th – unreasonable searches and seizure
• 8th– cruel and unusual punishment
• 14th – equal protection
Which amendment is more important to overall freedom?
• 1st
• 2nd
• 3rd
• 4th
• 5th
Which of the following is NOT connected to Congress’ power to
regulate commerce?
• McCullough v Maryland
• Korematsu v the U.S.
• Gibbons v Ogden
• Heart of Atlanta Motel v the U.S.
Which of the following is NOT connected to 1st amendment rights of
free speech?
• Tinker v Des Moines
• Hazelwood v Kuhlmeier
• New Jersey v T.L.O.
• Texas v Johnson
Which of the following cases established the precedent of Judicial
Review?
• Marbury v Madison
• Brown v Board of Education
• Plessy v Ferguson
• Texas v Johnson
Which of the following is NOT connected to 5th Amendment rights of
due process?
• Korematsu v U.S.
• Gideon v Wainwright
• Miranda v Arizona
• Engel v Vitale