LEGISLATIVE EXECUTIVE

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• LEGISLATIVE EXECUTIVE
• BRANCH BRANCH

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• JUDICIAL BRANCH

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Top row (l to r) ____________ (Obama),
___________(Clinton), ____________ (Bush),
_______________(Obama) Bottom (l to r)
_____________ (H.W Bush), ___________ (H.W.),
___________ (Bush), _________ (Reagan),
____________(Clinton)
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SUPREMACY CLAUSE

• Can a state government give you MORE rights than
  your federal government? Can they give you LESS?
• The Supremacy Clause states that the Constitution
  is the _______________ law of the land
• _______ law can NOT violate _______ law
• States can give you ______ rights but not ______
  rights, as long as it does not violate the
  __________.
• Ex. School Drug Testing, Equal Rights, Clean
  Air Act

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APPLYING COURT JARGON

• Civil vs. Criminal
• Plaintiff vs. Defendant
• Petitioner vs. Respondent
• State or Federal jurisdiction

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Court Hears DOMA Arguments in Tense Atmosphere

• 1. H/U something that resonates with you and
  explain in margin
• 2. H/U a question you have or point of
  clarification you need and explain in margin.

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SAME SEX MARRIAGE

• Hollingsworth v. Perry Challenging Californias
  Proposition 8 (Law banning SSM in California)
• United States v. Windsor Challenging DOMA
  (Defense of Marriage Act Federal not
  recognizing SSM)

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TYPES OF JUDGMENTS

• Strict Interpretations
• Judicial Restraint only judge based on what
  the law says
• a previous courts judgment holds a heavy
  influence
• UMPIRE / REF

• Loose Interpretations
• Romantic Judges judge with incorporating
  feelings, public opinion, and possible
  consequence of the law
• Legislating from the Bench a loose inter. can
  make a change in the law
• COMMISSIONER

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TYPES OF JUDGES

• Roe v. Wade
• The Court held that a woman's right to an
  abortion fell within the right to privacy
  protected by the Fourteenth Amendment. The
  decision gave a woman total autonomy over the
  pregnancy during the first trimester and defined
  different levels of state interest for the second
  and third trimesters. As a result, the laws of 46
  states were affected by the Court's ruling.

• Dred Scott v. Sanford
• In the opinion of the court, the legislation and
  histories of the times, and the language used in
  the Declaration of Independence, show that
  neither the class of persons who had been
  imported as slaves nor their descendantswere
  then acknowledged as a part of the people, nor
  intended to be included in the general words used
  in that memorable instrument.

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SUPREME COURT PRECEDENTS WHICH DEFINE OUR RIGHTS

• Limited Government - Marbury v. Madison
• An act of Congress can be declared
  unconstitutional
• Court Decision
• Precedent
• Strict or Loose

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Congress shall make noabridging the freedom of
speech. 1st Amendment

• Schenck vs. US (1919) Clear and Present
  Danger / Yelling Fire in a Crowded Theater
• Court Decision
• Precedent
• Strict or Loose

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NOR DENY TO ANY PERSON WITHIN ITS JURISDICTION
THE EQUAL PROTECTION OF LAWS. 14TH
AMENDMENTBROWN V. BOARD OF EDUCATION OF TOPEKA,
KS (1954)

• Arguably the most impactful court decision on
  your life
• Court Decision separate is inherently
  unequal- why is the word inherent so
  important?
• Precedent the de ___________ of public schools
• Loose or Strict?

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DID YOU KNOW??.....

• PRECEDENT - Plessy vs. Ferguson (1896) separate
  but equal is constitutional
• Segregated schools existed everywherewhy did the
  NAACP choose Kansas?
• Why was Linda Brown chosen to represent the
  dozens of minority families who filed suit in
  Kansas?
• How many schools were desegregated after Brown?

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The impact OF BROWN V. BOARD today in EDUCATION

• NOR DENY TO ANY PERSON WITHIN ITS JURISDICTION
  THE EQUAL PROTECTION OF LAWS. 14TH AMENDMENT
• 1. IDEA Individuals w/ Disabilities in
  Education Act
• IEPS.GIEPS
• 2. TITLE VII Equal Opportunity as it pertains
  to race (Affirmative Action)
• Defacto (by fact) vs. dejure segregation (by law)
  the law requires addressing dejure but only
  recommends handling defacto
• 3. TITLE IX Equal Opportunity in athletics as
  it pertains to gender

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TITLE VII Affirmative Action
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(No Transcript)
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TICKET IN

• Brown v. Board has / has not impacted my
  experience in school because _____________________
  ________
• At least 3 lines

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TICKET IN

• Topic Brown v. Board of Education
• Choose 1 - I learned / I realized / I was
  surprised
• At least 3 lines

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Congress shall make no law establishing religion

• Religion Establishment Clause (Engle v.
  Vitale, 1961)
• Court Decision
• Precedent
• Strict or Loose -

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Congress shall make noabridging the freedom of
speech. 1st Amendment

• Speech in School - Symbolic Speech (Tinker v.
  Des Moines)
• Court Decision
• Precedent
• Loose or Strict

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In all criminal prosecutionsto have the
assistance of counsel for his defense.
Amendment 6

• Rights of the Accused Right to Counsel
  (Gideon v. Wainwright)
• Court Decision
• Precedent
• Loose or Strict

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In all criminal prosecutionsto have the
assistance of counsel for his defense.
Amendment 6

• Miranda Rights (Miranda v. Arizona)
• Court Decision
• Precedent
• Loose or Strict

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Congress shall make noabridging the freedom of
speech. 1st Amendment

• Hazlewood v. Kuhlmeier (1987)
• Court Decision
• Precedent
• Loose or Strict

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SOMETHING TO THINK ABOUT

• Our courts have generally sided with protection
  of freedoms over security in the real world,
  BUT, security over freedoms in schoolsWHY?

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REFLECTION

• Most of our historical decisions are
  _____________ interpretations of the
  Constitution. Why?

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TICKET OUT

• Taxman or the Board? YOU CHOOSE!
• What is your judicial reasoning? Use text from a
  previous decisionminimum 3 lines

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Celebrating the Holidays in Public Schools

• Lemon v. Kurtzman (1971)
• Did the Rhode Island and Pennsylvania statutes
  violate the First Amendment's Establishment
  Clause by making state financial aid available to
  "church- related educational institutions"?
• Yes, which created The Lemon Test, which means
  school activities must pass a 3 part test
• 1. There must be a secular legislative purpose
• 2. The principle effect must be one that neither
  advances or inhibits religion
• 3. It may NOT foster government entanglement w/
  religion

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DOES IT PASS THE LEMON TEST?

• A school sponsored play about the birth of Jesus

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DOES IT PASS THE LEMON TEST?

• A School district forbids choirs to sing any
  music that is religious in nature

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DOES IT PASS THE LEMON TEST?

• A school choir concert w/ 8 Christmas songs and 1
  Hanukah song

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DOES IT PASS THE LEMON TEST?

• A teacher displays only a menorah in his
  classroom

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DOES IT PASS THE LEMON TEST?

• A teacher displays only a Christmas tree in her
  classroom

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DOES IT PASS THE LEMON TEST?

• A teachers classroom w/ snowflakes, candles,
  trees, and Santa Claus

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DOES IT PASS THE LEMON TEST?

• How do you feel our Court has interpreted The
  Establishment Clause in these cases?
• Is the Lemon Test a just way to interpret the
  1st Amendment?
• Are there any controversies or issues pertaining
  to how Council Rock interprets the Lemon Test?
• Does the Lemon Test pertain to other public
  institutions and holiday displays?

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LEGAL BRIEF

• Reflect on your work yesterday
• 1. What worked? What did you accomplish?
• 2. What didnt work or what do I still need to
  do?
• 3. I am still unsure aboutor a question I have
  is

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Top row (l to r) Sotomayor(Obama), Breyer
(Clinton), Alito (Bush), Kagan (Obama) Bottom (l
to r) Thomas (H.W Bush), Scalia (H.W.), Roberts
(Bush), Kennedy (Reagan), Ginsburg (Clinton)