The Supreme Court

We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.

- Preamble to the Constitution of the United States

Current Justices of the Supreme Court Current Chief

Justice

The Supreme Court…

• hears cases that involve the Constitution or any laws passed by Congress

• made up of a Chief Justice + 8 Associate Justices • decision rests on a simple majority vote (at least 5 Justices)

• decisions are final (serve as precedents or examples/guides for future cases)

Chief Justice John Marshall is a

MAD MAN Marbury v. MADison (1803 – same yr as Louisiana Purchase)

Supreme Court power to decide whether laws passed by Congress were constitutional or unconstitutional = JUDICIAL REVIEW

- Marshall was the MAN for strengthening the power of the U.S. Supreme Court

Overview of the Supreme Court

1)The Supreme Court is a part of what branch of government?

2)What is the name of the head of the U.S. Supreme Court?

3)How does one become a member of the Supreme Court?

4)What types of cases does the Supreme Court hear?

Overview of the Supreme Court

1)The Supreme Court is a part of what branch of government?

ANSWER: Judicial Branch

2) What is the name of the head of the U.S. Supreme Court?

ANSWER: Chief of Justice

3)How does one become a member of the Supreme Court?

ANSWER: The President of the U.S. appoints a new nominee BUT Congress must approve of his (or her) nominee = Checks and Balance

4)What types of cases does the Supreme Court hear?

ANSWER: The Supreme Court hears cases that have been tried and appealed as far as law permits in lower courts. The Supreme Court hears only issues about the Constitution, federal law, or treaties.

Court Case: Decision: Right and/or group directly affected:

Schenck v. United States (1919)

that Schenck’s protests against US involvement in WWI were a “clear and present danger” to the United States

Freedom of speech (First Amendment)

Tinker vs. Des Moines

The wearing of black arm bands was protected by the Constitution. Students enjoy protection of the Bill of Rights unless their actions materially disrupt the educational environment.

Freedom of speech (First Amendment)- The rights of students in school

New York Times Co. v. United States (1971)

The Court ruled that the papers did not violate national security and therefore the newspapers had the right to publish them..

Freedom of the press (First Amendment)

FIRST AMENDMENT (FREE SPEECH, PRESS, RELIGION)

Court Case: Decision Group directly affected:

Dred Scott v. Sanford (1857)

that blacks were not citizens and that slaves were property and could be taken anywhere, regardless of a state’s status as free or slave holding.

Enslaved men and women and free blacks

Plessy v. Ferguson (1898)

established that “separate but equal” facilities were legal (thereby upholding the Jim Crow laws of Southern states)

African-Americans

Brown vs. Board of Education Topeka (1954)

one of the most celebrated cases, the court struck down separate but equal and ordered integration in the nation's schools with "all deliberate speed."

African-Americans – rights of ethnic minorities

SLAVERY/RIGHTS FOR AFRICAN-AMERICANS

Court Case: Decision Group directly affected:

Mapp v. Ohio (1961) right against illegal search and seizure

a person accused of a crime

Gideon v. Wainwright (1963)

right to counsel a person accused of a crime

Miranda v. Arizona (1966) established a suspect’s right to be informed of his or her rights

a person accused of a crime

RIGHTS OF THE ACCUSED (a person ACCUSED of a crime)

* All of these cases were decided when Earl Warren was acting Chief Justice (Warren Court) - expansion of individual rights in criminal cases

Court Case: Decision: Constitutional ConceptsEnduring Issues:

Marbury vs. Madison (1803)

JUDICIAL REVIEW!JUDICIAL REVIEW!JUDICIAL REVIEW!

Judicial Review/Separation of powers

McCulloch v. Maryland (1819)

John Marshall declares "the power to tax is the power to destroy." The Supremacy Clause of the Constitution prohibits state taxation of a federal institution.

Judicial Review; Federalism

Gibbons vs. Ogden (1824)

Congress has the authority to regulate Interstate Commerce

Judicial Review/Federalism

Supreme Court Decisions Under Chief Justice JOHN MARSHALL (1801-1835)

•If you see… John Marshall Answer: Either he expanded the power of the federal government, or judicial review

Supreme Court Decisions Under Chief Justice EARL WARREN (1953-1969)Key Influence: active in expanding the rights of the accused

Court Case: Decision: Group directly affected:

Brown vs. Board of Education (1954)

Segregation in public schools in unconstitutional

African-Americans and ethnic minorities

Gideon vs. Wainwright (1963)

the right to an attorney. Accused persons

Miranda vs. Arizona (1966)

established a suspect’s right to be informed of his or her rights

Accused persons

TO STUDY FOR THE REGENTS