Bill of Rights and Supreme Court Cases

1
Bill of Rights andSupreme Court Cases

•  

2
Marbury v. Madison 1803Sample slide

•  Include the rights in question of your case
• What amendment (or provisions of that amendment)
  is the case dealing with?
• Established the power of the Judicial Branch
• The Supreme Court has JUDICIAL REVIEW
• If the a law and the Constitution conflict, the
  court can strike the law down
•  
•  
• Cite your source on the slide!!!
• "Marbury v. Madison." The Oyez Project U.S.
  Supreme Court Oral Argument Recordings, Case
  Abstracts and More. Web. 19 Dec. 2010.
  lthttp//www.oyez.org/gt.

3
Lemon v. Kurtzman  1971

•  The rights in question Secular school districts
  and state aid to parochial schools
• - Lemon test to be constitutional aid to church
  schools must have a clear secular non-religious
  purpose, in main affect neither advance or
  inhibit religion and avoid excesive governement
  entaglement with religion.   
• - The freedom of religion is dealt with in this
  case. 
• - The first amendment is the amendment connected
  with this case.  
• - Deals with the purpose of church-affiliated
  schools and their influence upon children of
  impressionable age.  (primary schools)
• - Deals with what aid to church schools is
  constitutional or not. 
•  
• Cite sources
• -United States Government book
• -Online source Cornell University law school
  website www.law.cornell.edu

4
Wisconsin v. Yoder

• Freedom of religion
• WI brought Amish to court
• WI said it was freedom of religion
• Don't need to go because it's against their
  religion
•  
•  

5
Engel v. Vitale

• Engel v. Vitale dealt with the freedom of
  religion and prayer.
• According to the first amendment "establishment
  clause"
• The court interpreted the prayer (say prayer) as
  unconstitutional.
• According to the court the prayer contradicted
  with the first amendment (cite amendment's
  interpretation)
• The court has judicial power to rule and
  interpret laws.
• The prayer was ruled unconstitutional.
• Court protected people from government's
  implementation of a specific prayer.
•  
• Sources "Engel v. Vitale" The Oyez Project
  U.S. Supreme Court Oral Argument Recordings,
  Government textbook

6
Schenck v. United States

•  
• April 6, 1917, the United States entered World
  War 1
• The Espionage Acts was designed to prevent 
  sabotage and spying
• Penalties of up to 10,000, 20 years in prison or
  both
• The Schenck Case
• Clear and present danger!
•      
•  
•  Source
•  "Schenck v. United States"The Oyez Project
  U.S. Supreme Court Oral Argument Recordings, Case
  Abstracts and More. Web. 19 Dec. 2010.
  lthttp//www.oyez.org/gt.

7
Bethel v. Fraser

• 1986 - Matthew Fraser, student, gave
  inappropriate speech at school assembly
• Suspended for 3 days, removed from list of
  "possible graduate speakers"
•  Father took case to court claiming suspension
  was in violation of 1st amendment (freedom of
  speech) and due process clause of 14th amendment.
• Was put back on graduation speaker list and was
  elected by classmates to be graduation speaker.
•  
•  
•  
•  
•  
• Sourcehttp//www.law.umkc.edu/faculty/projects/ft
  rials/firstamendment/bethel.html

8
Texas v. Johnson

•  
• One year sentence in jail-2000 fine
• Burned American flag in protest against Reagan
  administration
• Protected by the first amendment
• Had the right to express his ideas in protest
• Supreme court overruled the state law because of
  the right to freedom of expression      
  chaaaaaaaaa
• s

9
Tinker v. Des Moines School District

• December 11th, 1965
•  
• Students wore armbands to protest the Vietnam
  War. They were threatened to remove them or be
  suspended, by the principal.
•  
• Right to Freedom of Speech
•  
• The 1st Amendment - Symbolic Speech (black
  armband)
•  
•  "Tinker v. Des Moines" The Oyez Project U.S.
  Supreme Court Oral Argument Recordings, Case
  Abstracts and More. web. 20 dec 2010.
  http//www.oyez.org/.

10
Hazelwood School District v. Kuhlmeier 

•  
• school newspaper wrote about issues such as
  pregnancy or divorce or things that affected the
  students in a negative way. the principal deleted
  the sections of the school newspaper because it
  identified the divorced parents when he thought
  they should be given the chance to respond to the
  story.
•  
• umm, yeah students have the right to free speech
  but the school should have some regulation on the
  content of the school newspaper.
• http//en.wikipedia.org/wiki/Hazelwood_v._Kuhlmeie
  r

11
Schenck v. Pro-Choice Network

• The Rights In Question Freedom of Assembly
• First Amendment
•  Court said that "fixed buffer zones" are
  consitiutional but "floating buffer zones" are
  unconstitutional.
• Buffer zone a perimeter around a facicility,
  intended to limit how close protesters can get to
  a facility.
•  
• Cites "Firstamendmentcenter.org Assembly -
  Topic." Firstamendmentcenter.org Welcome to the
  First Amendment Center Online. Web. 20 Dec. 2010.
  lthttp//www.firstamendmentcenter.org/assembly/topi
  c.aspx?topicbuffer_zonesgt.

12
Columbia v. Heller

•  2008
•     2nd amendment states that we have the right
  to bear arms.
•     The District of Columbia generally prohibits
  the possession of handguns. 
•     Dick Heller is a D.C. special police officer
  authorized to carry a handgun while on duty. He
  applied for a registration certificate for a
  handgun that he wished to keep at home, but the
  District refused.
•     he wanted to keep a firearm on him while in
  his home for selfdefence. lqkwhflkskhflkashdflkasj
  hdfklashdlfkahsd
•  
•  Cite "Columbia v. Heller." Google Scholar. Web.
  20 Dec. 2010. http//scholar.google.com/scholar_ca
  se?case2739870581644084946qcolumbia v.
  hellerhlenas_sdt[phone]as_vis1.

13
Mapp v. Ohio 1961

•  
• 4th amendment in question
• Bans all "unreasonable searches" without
  warrant.
• Perimeters of warrant must be followed
• In order to use in court
•  OHPD also assaulted Mapp after falsified warrant
  issued.
• OHPD was not specific on searched materials.
• Mapp was convicted using materials not warranted
  for search.
• U.S. Supreme Court ruled that evidence cannot be
  included when procured by illegal means.
• Cite "C-SPAN Supreme Court Series Search and
  Seizure and the 'Exclusionary' Rule." Politics
  Daily. 10 Dec. 2010. Web. 20 Dec. 2010.
  http//www.politicsdaily.com/2010/12/10/c-span-sup
  reme-court-series-search-seize-and-the-exclusionar
  y/. Mapp v. Ohio article handed out in class.
•  

14
California v. Acevedo

• In 1991 Acevedo was convicted in California state
  court with possession of marijuana for sale and
  moved to suppress the marijuana found in the bag.
• They didn't have a warrant, but the officer did
  see him put the marijuana into his trunk.
• Right in question 4th amendment "warrant
  clause."
•  Forbids unreasonable search and seizure.
•  
•  
• Site http//www.4lawschool.com/criminal/acevedo.s
  html

15
New Jersey v. T.L.O.

• Rights of the 4th amendment The rights of the
  people against unreasonable seraches and
  seizures. The 14th Amendment rights to privacy do
  not extend into every aspect of a person's
  private affairs.
• The fourth and fourteenth amendments.
• Fourth amendments rights in school. REASONABLE
  SUSPISION!!!!
• Supreme court also ruled that it was
  consitutional.
•  
• Sources
•  http//www.law.umkc.edu/faculty/projects/ftrials/
  conlaw/tlo.html
• Supreme court of the united states. Supreme court
  case study 53 sheet.

16
Katz v. United States

• In 1967, Charles Katz transmitted gambling
  information across state lines via public
  telephone
• FBI wiretapped public area to gather evidence to
  convict him
• Fourth Amendment gives rights against search and
  seizure
• Supreme Court ruled that the case was a case of
  search and seizure--"people were protected and
  not simply areas."
• Wiretapping now prohibited without a warrant.
• Katz's conviction was reversed.
•  
•  
•  
• Remy, Richard C., "United States Government
  Democracy in Action"
• http//caselaw.lp.findlaw.com/scripts/getcase.pl?c
  ourtusvol389invol347

17
Miranda v. Arizona

• "You have the right to remain silent. Anything
  you do and say can and will be used against you
  in a court of law. You have the right to an
  attorney. If you cannot afford an attorney, one
  will be provided for you." 
•  Fifth Amendment
•  After giving a suspect these warnings, the
  police may not go on interrogating unless uspects
  " Knowingly and intelligently" waive their
  rights.
• Police never stated rights to Miranda.
• "Miranda v. Arizon." Landmarks Historic U.S.
  Supreme Court Decisions 61-64. Print.

18
Sheppard v. Maxwell

• Samual Shappard got accused of killing his
  pregnant wife and the judge who ran the trial
  didn't protect his Fifth Amendment right to a
  fair trial.
•  
• "After suffering a trial court conviction of
  second-degree murder for the bludgeoning death of
  his pregnant wife, Samuel Sheppard challenged the
  verdict as the product of an unfair trial.
  Sheppard, who maintained his innocence of the
  crime, alleged that the trial judge failed to
  protect him from the massive, widespread, and
  prejudicial publicity that attended his
  prosecution. On appeal from an Ohio district
  court ruling supporting his claim, the Sixth
  Circuit Court of Appeals reversed. When Sheppard
  appealed again, the Supreme Court granted
  certiorari."
•  
• ?The Oyez Project, Sheppard v. Maxwell , 384 U.S.
  333 (1966) available at (http//oyez.org/cases/1
  960-1969/1965/1965_490)
• (last visited Tuesday, December 21, 2010).

19
Gideon v. Wainwright

• You have the right to an attorney in a court case
• Gideon was refused a lawyer when he was tried for
  robbery
• He was forced to defend himself and was found
  guilty of his crimes
• The case was taken to the Supreme Court where
  they found that refusal of an attorney was an
  infringement on the 6th amendment

20
Kimbrough v. United States
Pleaded guilty to four sentences conspiracy to
distribute crack and powder possession with
intent to distribute more than 50 grams of crack
possession with intent to distribute powder and
possession of a firearm in furtherance of a
drug-trafficking offense.   Kimborough was
sentenced to 15 years in prison. He got a
4.5 sentence reduction which qualified as abuse
of discretion.    A drug trafficker dealing in
crack cocaine is subject to the same sentence as
one dealing in 100 times more powder
cocaine.   8th Amendment
21
Death Penalty

• Furman v. Georgia- Determined it was used in
  racial ways.
• Woodson v. North Carolina- Unconstitutional law
  due to nonspecific terms.
• Gregg v. Georgia- Death Penalty is acceptable in
  extreme crimes.
•  
•  
•  
•  
•  
• Sources

22
Graham v. Florida

• Terrence Graham attempted armed buglary, charged
  with assult when he was 16.
• At 17 accused of home invasion robbery
• Sentenced to life in prison, no parole, but
  lawyers appealed sentance, they say
  unconstitutional
• Age 18 is the age below which a defendant may not
  be sentenced to life without parole for a
  nonhomicide crime.
• States cannot guarantee eventual freedom to an
  offender
• States must impose a sentance that provides
  opporunities for release based on maturity
•  Only applies for non homicidal crimes
• U.S. is only country where children are sentenced
  to death in prison
•  Sources http//topics.law.cornell.edu/supct/cert
  /08-7412
•   and

23
Mcculloch v. Maryland

•  
• Can state tax or control federal owned things?
• Can state control constitution?
• Federal vs. State
•   This case regards the 10th amendment
•  Health care, who has control?

24
Roe v. Wade

• The case of Roe vs. Wade was a supreme court case
  that brought abortion rights into question
•  
• Roe stated that her ninth and fourteenth
  amendment rights were violated
•  
• The court held that a woman's right to an
  abortion fell within the right to privacy
  (recognized in Griswold v. Connecticut) protected
  by the Fourteenth Amendment.  
•  
•  
•  
•  http//www.oyez.org/cases/1970-1979/1971/1971_70_
  18

25
Regents of the University of California v. Bakke

• Universities saved place for minority students to
  provide equality
• Allan couldn't integrate the university because
  of the progam
• The trial court declared that program as
  violation of 14th amendment
• Appeals to The supreme Court and agreed with
  Blakes's claim
• Appeals to supreme court who was divided about
  the case
•  Brennan Opinion Program justified and fair
  because remedying the effects of past social
  discrimination
•  Stevens opinion Discrimination, violation of
  14th amendment
• Allan Bake was finally admitted to the university
  but legal results were unclear for many years.

26
Brown v. Board of Education

• The 14th Ammendment was violated.
• Separation and segregation of schools unequal
  education and opportunities.
• Had to be decided by the Supreme Court because
  they tried first at a local level and state
  level, then joined in with the NAACP and other
  states, such as Delaware, Virginia, and South
  Carolina.
•  Was decided in 1954 in Topeka, Kansas.
• Declared State Law for segragating schools
  unconstitutional.
•  information courtesy of www.nationalcenter.org/br
  own.html
•  

27
(No Transcript)