Unit 5The “Living Document”

The Constitution in Action

Constitution Flow Chart

OU.S. ConstitutionOSupreme Law of the LandOOnly a Constitutional Amendment more

powerfulOConstitutional Amendment

OChanges the Constitution OBecomes part of the Constitution

OOnly another Amendment more powerful

Constitution Flow ChartO Supreme Court Decision

O Decided through Supreme Court Cases (Can’t act on their own)

O Interprets the ConstitutionO Applies it to certain

issuesO Only a Constitutional

Amendment or another Supreme Court decision is more powerful

Bill of Rights-Supreme Court

Cases

Engel v. Vitale O Engel v. Vitale (1962)

O Deals with freedom of religion & the establishment clause.

O 1951 – NY Board of Regents approved a voluntary “non-denominational” prayer for each morning.O“Almighty God, we acknowledge

our dependence upon Thee, and we beg Thy blessings upon us, our parents, our teachers and our Country.”

Engel v. Vitale O Ten parents in the New Hyde Park

schools object because the prayer was “Contrary to their own and their children's beliefs, religions, or religious practices.”

O Does the reading of a nondenominational prayer at the start of the school day violate the

"establishment of religion" clause of the First Amendment?

Engel v. Vitale VerdictO Public school prayer is

unconstitutionalO Neither the prayer's

nondenominational character nor its voluntary character saves it from unconstitutionality. By providing the prayer, New York officially approved religion.

First Amendment QuestionOFreedom of Religion or Freedom from Religion???OProtect it or restrict it???

Schenck v. U.S. (1917)O Charles Schenck

O General Secretary of the Socialist Party of America

O During World War I, Schenck mailed circulars to draftees.

O The circulars suggested that the draft was a monstrous wrong motivated by the capitalist system.

O The circulars urged "Do not submit to intimidation" but advised only peaceful action such as petitioning to repeal the Conscription Act.

O Schenck was charged with conspiracy to violate the Espionage Act by attempting to cause insubordination in the military and to obstruct recruitment.

Schenck v. U.S. VerdictO Were Schenck's political statements protected by the free speech section of the

1st Amendment? O No, Schenck’s conviction was upheld.

Freedom of speech can be limited.O Justice Oliver Wendell Holmes: “Free speech

would not protect a man falsely shouting fire in a theater & causing a panic.”

O Congress has the right to prevent words that would cause “a clear and present danger”

Gideon v. Wainright (1963)

ODeals with the rights protected under the 6th Amendment.

OClarence Gideon, was charged in a Florida state court with a felony for breaking and entering.

Gideon v. WainrightOUnable to afford a

lawyer & not provided with one, he defended himself & was convicted for up to five years in prison.

OHe appealed to the Supreme Court.

Gideon v. Wainright VerdictO Did the state court's failure to

appoint counsel for Gideon violate his right to a fair trial and due process of law as protected by the Sixth and Fourteenth Amendments?

O Justice Hugo Black – “Lawyers are a necessity, not a luxury”

Escobedo v. Illinois (1964)

O Danny Escobedo was arrested and taken to a police station for questioning. Over several hours, the police refused his repeated requests to see his lawyer.

O Escobedo's lawyer sought unsuccessfully to consult with his client.

O Escobedo subsequently confessed to murder.

Escobedo v. Illinois Verdict

O Was Escobedo denied the right to counsel as guaranteed by the Sixth Amendment?

O Yes. Justice Arthur Goldberg, in his majority opinion, spoke for the first time of "an absolute right to remain silent." Escobedo had not been adequately informed of his constitutional right to remain silent rather than to be forced to incriminate himself.

Miranda v. Arizona (1966)

O Deals with self-incrimination protected under the 5th Amendment.

O Ernesto Miranda was arrested for kidnapping & rape

O Was interrogated & confessed without being specifically told of his rights.

O Miranda was convicted to 20 years in prison.

Miranda v. Arizona O Does the police practice of

interrogating individuals without notifying them of their right to

counsel and their protection against self-incrimination violate the Fifth

Amendment?

Miranda v. Arizona Verdict

OYes, the Supreme Court overturned Miranda’s conviction.

OChief Justice Earl Warren: “unless adequate protective devices are employed … no statement obtained from the defendant can truly be the product of his free choice.”

Miranda v. ArizonaOCitizens must know their

RightsOMust have access to lawyer

OResult:OMiranda warnings

OCustody + Interrogation = Miranda Warnings

Miranda v. ArizonaOMiranda Rights

O 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 speak to an attorney, and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided for you at government expense.

Furman v. Georgia (1972)

O William Furman was burglarizing a home when a family member discovered him.

O He attempted to flee, and in doing so tripped and fell.

O The gun that he was carrying went off and killed a resident of the home. He was convicted of murder and sentenced to death.

Furman v. Georgia Verdict O Does the imposition and carrying out

of the death penalty constitute cruel and unusual punishment in violation

of the Eighth and Fourteenth Amendments?

O Yes. The Court's opinion held that the imposition of the death penalty constituted cruel and unusual punishment and violated the Constitution

Furman v. GeorgiaO Justices focused on the arbitrary nature

with which death sentences have been imposed, often indicating a racial bias against black defendants.

O The Court's decision forced states and the national legislature to rethink their statutes for capital offenses to assure that the death penalty would not be administered in a capricious or discriminatory manner.

O Death Penalty is reinstated by 1976.

STATES WITH THE DEATH PENALTY

AlabamaArizonaArkansasCaliforniaColoradoConnecticutDelawareFloridaGeorgiaIdahoIndianaIllinoisKansasKentucky

LouisianaMarylandMississippiMissouriMontanaNebraskaNevadaNew HampshireNew JerseyNew MexicoNew York North CarolinaOhioOklahoma

OregonPennsylvaniaSouth CarolinaSouth DakotaTennesseeTexasUtahVirginiaWashingtonWyoming

ALSO- U.S. Gov't- U.S. Military

STATES WITHOUT THE DEATH PENALTY

AlaskaHawaiiIowaMaineMassachusetts

MichiganMinnesotaNorth DakotaRhode IslandVermont

West VirginiaWisconsin

ALSO- Dist. Of Columbia