THE SUPREME COURT

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					THE SUPREME
   COURT
  SECTION 7
BRIEF HISTORY O’ SUPREME COURT
 •   I. INTRODUCTION—
     – The biggest changes to the Constitution comes from the
       Supreme Court.
     – Supreme Court falls under Article III.
     – Probably the most important judicial body in the world.
     – Supreme Court affects both political and social life.

 • II. A ―ROUGH‖ BEGINNING—
     – 1st Court Justice selected is John Jay, but he never ends up
       serving on the Court. (becomes New York Governor)
     – 2nd was Rutledge. (Returns to So. Carolina to be Judge)
     – 3rd was Ellsworth. (Ambassador to France)

     – Next, the Election of 1800…
BRIEF HISTORY O’ SUPREME COURT
•   II. A ―ROUGH‖ BEGINNING— Continued
    –   Election of 1800
         •   Federalists v. Republicans/Democrats
         •   Jefferson wins the election & passes Judiciary Act
                –   This Act is a way of restructuring the courts and eliminating bad judges.


    –   The Impeachments
         •   John Pickering (1803)
                –   Was always drunk and delirious in Court.
                –   Found Guilty of high crimes and misdemeanors.
         •   Samuel Chase (1805)
                –   Extreme Federalist.
                –   A tyrant and oppressive in the Courtroom. (Judge Judy would look like a saint)
                –   Acquitted.
                –   Therefore, Chase begins to fight back.
                –   So, Jefferson has to ―call off the dogs‖ and stop the ―witch hunt.‖

    BUT THESE EVENTS WOULD TEACH FUTURE JUDGES HOW TO ACT AND BEHAVE

•   IN THE END, VERY LITTLE WAS ACCOMPLISHED FROM 1787-1800

•   III. THE MARSHALL COURT—
    –   From 1801-1835……. AND EVERYTHING WILL CHANGE.
  The Marshall Court 1801-
• The rise of the Supreme Court begins with him in 1801.
    –   1.   Marshall was a Federalist (pro strong gov’t)
    –   2.   He restores federalism (checks & balances).
    –   3.   He is a conservative.
    –   4.   He wanted decisions/opinions of the court to become one voice.
• The Good Marshall:
    – Aaron Burr Trial
         • Claims that most evidence is hearsay and inadmissible.
         • Therefore, Burr is not guilty.
• The Bad Marshall:
    – Often interfered in other court cases.
    – Son got favors (esp. in Banking).
    – Every case favored slavery.
• Finally,
    – Marshall will lay the premise or rules about judicial review with the case:
         • Marbury v. Madison (1803)
Origins of Judicial Review—
MARBURY V. MADISON (1803)
•   As with most federal appointments, judges had to be confirmed by the
    Senate. After confirmation, the president would sign an official
    commission and the secretary of state would affix the Great Seal of
    the United States to the commission and deliver it to the appointed
    official.
•   Just before leaving office, President Adams appointed a Maryland
    banker and politician, William Marbury, to one of the new posts. The
    Senate confirmed Marbury’s appointment, President Adams signed the
    commission, and Secretary of State John Marshall affixed the Great
    Seal on the commission. But in the rush of business during the final
    days of the Adams administration, Marshall failed to actually deliver
    the commission to Marbury.
•   Jefferson became president on March 4, 1801, and the new secretary
    of state was James Madison. When Marbury and three others asked
    Madison for their commissions, the secretary of state, acting under
    orders from President Jefferson, refused to deliver the commissions.
    Marbury and the others then turned to the Supreme Court, asking it to
    issue a writ of mandamus ordering Secretary of State Madison to turn
    over the commissions.
•   (A writ of mandamus is a court order directing a public official to
    perform his or her public duties.)
•   Court Rules– ―No, we are not making Madison give you your writ of
    mandamus. We only interpret the laws.
•   This ruling showed how awesome and powerful the Supreme Court
    could be.
IV. THE TANEY COURT— From 1836-1864
  • Takes over after Marshall’s Death.
  • Also a Federalist.
  • Lacked the power and persuasion like
    Marshall, thus not a dominate.
  • Failed at issues of slavery.
    – Dred Scott Case (1857)
       • Blacks were not citizens, but were chattel
         (movable property).
  • Finally,
    – Privately supported the South.
    – Feuded with Lincoln (Habeas Corpus).
    – Resented Northern war measures.
BRIEF HISTORY O’ SUPRME COURT
 • V. THE NUMBER OF MEMBERS—
   – Not specified in the Constitution.
   – S.C. started w/ 6, increased to 10, dropped
     down to 8, now at 9.
   – 9 is the ―unwritten‖ number for Supreme
     Court Justices.
BRIEF HISTORY O’ SUPRME COURT
•   VI. FROM 1864—
    – Salmon P. Chase takes control, but most of the impact comes from
      the Associate Judges.
    – Plessy v. Ferguson (1898)
    – Since 1937
        • Cases have focused on rights of the individual (esp. minorities &
          religion).
    – Brown v. Board of Education (1954)
    – 1960’s
        • Courts protect 1st Amendment (esp. speech)
    – William Rehnquist
        •   Today’s Chief Justice (since 1986)
        •   Court is now a ―conservative‖ one.
        •   Therefore, at first it was the ―Umpire of the Federal System.‖
        •   Now, it is concerned with the limits of power on individual rights and to
            ensure gov’t provides resources to those individuals to enjoy those
            freedoms.
    – BUT, ALL THEIR DECISIONS HAVE BEEN CONTROVERSIAL
    THE SUPREME COURT and
      THE CONSTITUTION…
• THE SUPREME COURT AND JUDICIAL REVIEW—
     • COURT’S CHARACTERISTICS—
        –   Asked to review 5-6,000 cases a year, but only do a few hundred.
        –   Session is only 9 months (October to June)
        –   Some rulings have become landmark cases.
        –   Members are: 1 Chief Justice & 8 Associate Justices = 9
        –   Article 3 defines the Judicial Branch

     • HOW ITS POWERS EVOLVED—
        – Responsibility to judge whether laws and actions of Congress &
          President are constitutional.
        – This is known as Judicial Review!!!
        – Beginning with John Marshall, who:
            » Chief Justice (1801-1835)
            » Appointed by John Adams
            » Federalist w/ Nationalistic Ideals
            » Strengthened the Court by giving them ―one voice‖ on
                decisions.
     • MARBURY V. MADISON (1803)
THE SUPREME COURT &
THE CONSTITUTION…
• COURT’S POWER EXPANDS AFTER THE CIVIL WAR—
    • ―Ex Parte Milligan,‖ (1866)
       – Question over the issue of habeas corpus (an order issued by a
         court to a person having custody of another).
       – Lincoln suspends Milligan’s during the Civil War.
       – Court rules it is ―Constitutional‖ or OK during a time of War.


    • The Fourteenth Amendment, (1868)
       – This is the ―Equal Protection‖ amendment.
       – Now, this Amendment requires all States to obey the laws of the
         Nation. Originally, State and Local Governments weren’t bound
         to equality and thus discrimination was allowed.
       – Therefore, this indirectly increases the jurisdiction on laws and
         actions of the federal government.
FIRST AMENDMENT FREEDOMS
• ―THE ESTABLISHMENT CLAUSE‖
•   ―Congress shall make no laws establishing a national religion.‖
         • Everson v. Board of Education, (1947)
              – Case involving if tax money could go to private schools.
              – Ruling: Can use tax money ONLY for ―non-school‖ items.
                (i.e. Buses, Safety stuff, etc.)

         • McCollum v. Board of Education, (1948)
              – Issue over private time v. public time.
              – Public schools releasing students early so that they could
                attend religious related functions.
              – Ruling: Unconstitutional, 1st strike against religion.

         • Engel v. Vitale, (1962)
              – Issue over school prayer.
              – Ruling: No prayer during school instructional time because
                it is not the ―business of Gov’t to write prayers for school.‖
              – 2nd strike against religion.
FIRST AMENDMENT FREEDOMS
•   ―THE FREE EXERCISE CLAUSE‖
•   ―Congress shall make no laws against religious beliefs as long as it obeys
    national, state, and/or local laws.‖
          • Reynolds v. United States, (1879)
               – Case of a Mormon having 2 wives.
               – Ruling: ―He was allowed t exercise his religion as
                  long as he follows state or local laws.‖ Therefore,
                  he was breaking the law.

          • Wisconsin v. Yoder, (1972)
               – Issue of an Amish family not wanting to send their
                 children to public schools.
               – Ruling: That Amish children would go until the 8th
                 grade. Anymore would then would hinder their
                 religious and cultural beliefs.
FREEDOM OF SPEECH OR PRESS ARE NOT ABSOLUTE
 •   Schenck v. United States, (1919)
     – Schenck wrote letters protesting the war (WWI). Also condemned
       the U.S. for being involved w/ WWI.
     – Ruling: OK to voice his opinion as long as he does not create a
       ―clear and present danger to others.‖

 •   Gitlow v. New York , (1925)
     – Gitlow publishes a paper to overthrow the Government.
     – Ruling: that his actions could create a ―tendency of evil within
        society‖ and is a threat. (i.e. yelling ―fire‖ in a movie theater)

 •   New York Times v. Sullivan, (1964)
     – Do newspapers have the right to publish false information?
     – Ruling: No, cannot create ―libel‖ (intentional injury to one’s
        character or reputation).

 •   United States v. New York Times & The Washington Post,
     (1971) a.ka. ―The Pentagon Papers‖
     – Can a newspaper print classified material it obtains.
     – Ruling: It can, as long as there is no real threat.
RIGHTS OF THE ACCUSED-
• THREE AMENDMENTS (5TH, 6TH, 8TH)—
   – Based upon English Common Law .


• ACCUSED IS INNOCENT UNTIL PROVEN GUILTY—
   – Gov’t (or courts) must assume the burden of proof beyond a
     reasonable doubt.
   – Problem: Ideal v. Presumption of guilt.


• DUE PROCESS OF LAW—
   – Originally meant just federal had to follow a set of rules and
     guidelines. (14th Amendment expands this thought.)
       • 1. Laws and Policies are administered fairly.
       • 2. Laws and Policies don’t violate anyone’s rights.
   – The Process is:
       •   1. Probable Cause– valid reason to search, seize, etc.
       •   2. Grand Jury or Prosecutor– to review if there is enough evidence.
       •   3. Indictment– a formal charge v. accused (by the grand jury)
       •   4. Affidavit– a statement (written) of truth about the accused
RIGHTS OF THE ACCUSED
• SUPREME COURT REDEFINES THE RIGHTS OF
  ACCUSED—
     • Mapp v. Ohio, (1961)
        – Can evidence found illegally be used in court?
        – Ruling: NO, violates the 4th Amendment.

     • Gideon v. Wainwright, (1963)
        – Gideon was too poor to hire a lawyer, so he is forced to
          represent himself.
        – Ruling: This violates his 6th Amendment.

     • Miranda v. Arizona, (1966)
        – Miranda confesses to a murder and rape during
          interrogation.
        – Ruling: His 5th Amendment was violated because his
          rights were not informed to him PRIOR to his confession
          and statements.
        CIVIL RIGHTS
• Basically, concerned with 3 groups—
    • 1. Black Americans
    • 2. Minorities
       – Chinese, Japanese, Native Americans, etc.
    • 3. Women
• The Fourteenth Amendment—
    • ―The Equal Protection Clause‖ or also
      known as the ―Due Process Clause‖
                 CIVIL RIGHTS
•   Dred Scott v. Sandford, (1857)
    – Takes place in St. Louis, Missouri. Scott sues for his freedom
      because he was taken to a free state (Ohio) prior to being
      relocated to Missouri. He felt that he should be free.
    – Ruling: Justice Taney claims that he is chattel (movable property)
      and that property have no rights. Therefore, the Constitution does
      not recognize slaves as citizens.

•   Civil Rights Cases, (1875)
    – To prevent racial discrimination at the state level.
    – Ruling: Unconstitutional for states to discriminate, but not people.
    – This ruling would lead to more racial discrimination, the rise of the
       Jim Crow South, and segregationists.

•   Plessy v. Ferguson, (1896)
    – Homer Plessy sues that he was not being treated equal according
      to the 14th Amendment. He was mixed race, looked somewhat
      white, but was forced to sit in the black railroad cars, not the
      white section.
    – Ruling: as long as there was ―separate, but equal‖ facilities, it was
      OK.
    – THIS WOULD OPEN THE DOORS FOR SEGREGATION AND THE
      RISE OF THE JIM CROW SOUTH
          CIVIL RIGHTS
– Brown v. Board of Education of Topeka, Kansas.
  (1954)
   • Was actually a case that represented multiple
     similar cases. 8 year old Carol Brown was suing the
     Board of Education over the issue of ―separate, but
     equal‖ facilities in education.
   • Ruling: Separate educational facilities are unequal
     and that is unconstitutional.
   • 1. Decision overturns Plessy case.
   • 2. Marks the beginning of the Civil Right Movement.
   • 3. This would lead to a series of other cases
     challenging the 14th Amendment.
                    CIVIL RIGHTS
• Determining the Civil Rights of Other Minorities:
       • Wong Kim Ark v. United States, (1898)
          – Case of exclusion of Chinese being denied Naturalization and
            Citizenship. Wong was not allowed to return to U.S. (California)
            after visiting China. Sues under the 14th Amendment.
          – Ruling: Votes in favor of Wong.

       • Korematsu v. United States, (1942)
          – After Pearl Harbor, Japanese-Americans were considered a ―security
            risk.‖ Japanese were relocated to Concentration Camps, but
            Korematsu refuses and is jailed. So he sues under the 14th
            Amendment.
          – Ruling: Treatment towards Japanese ―justified during a wartime
            measure.‖
               » 1. Case of guilty before innocent?
               » 2. Why weren’t Germans interned or jailed?
               » 3. Period of racial hysteria.

       • Hirabayashi v. United States, (1943)
          – While at the Concentration Camp, purposely breaks curfew.
          – Sues over the 14th Amendment.
          – Ruling: Again, ―justified during a wartime measure.‖
                 CIVIL RIGHTS
• Determining the Civil Rights of Women:
      • Muller v. Oregon, (1908)
          – Case over how many hours a woman could work in a
            day/week. A case during the Progressive Movement. She
            was forced to work over 10+ hours a day.
          – Ruling: Rules in favor of her because of the ―concerns of
            health and welfare o’ woman.‖

      • Cleveland Board of Education v. Le Fleur, (1974)
          – BOE required that all woman take a leave of absence after
            childbirth AND could only return at the start on the next
            semester.
          – Ruling: In favor of LeFluer because she was being ―denied
            equal protection‖ in that trying earn an equal living among
            her peers.

      • Craig v. Boren, (1976)
          – Case over gender discrimination. In Oklahoma, women could
            drink at age 18, for males it was 21. Drinking ages were set
            based upon drunk driving statistics.
          – Ruling: Is a violation of the 14th Amendment.
              » Although this would be a blow to women, later it would
                be used in their favor for other cases. A precedent.
AND FINALLY……
SOME RECURRING
CONSTITUTIONAL
    ISSUES
RECURRING ISSUES….
• 1. School Prayer—
      • School District of Township v. Schempp, 1962
          – School reading Bible during morning
            announcements.
          – Ruling: Violation, during instructional time.
      • Wallace v. Jaffree, 1985
          – Moment of silence (for prayer).
          – Ruling: by mentioning voluntary prayer as an
            acceptable activity… endorses prayer.
RECURRING ISSUES….
• 2. Death Penalty (8th Amendment)
      • Furman v. Georgia, 1972
         – Furman claims that the Georgia death penalty is
           cruel and unusual punishment. Violates his 8th A.
         – Ruling: Court agrees, but because the juries had too
           much liberty to say.

      • Proffitt v. Florida, 1976
         – Fights his death sentence because of inflexible
           death penalty guidelines (1st Degree).
         – Ruling: Court agrees, more better guidelines
           should be used.
RECURRING ISSUES….
• 3. Racial Quotas (14th Amendment—
   – (Affirmative Action v. Reverse Discrimination)
      • Regents of Univ. of Ca. v. Bakke, 1978
          – Bakke sues because quotas are being set aside for
            certain minorities to get into college.
          – Ruling: Court agrees, quotas are a violation of the
            14th Amendment.


       • United Steel Workers v. Weber, 1979
          – Quotas again, but this time at a private business.
          – Ruling: Court rules OK, since this was not a public
            business.
RECURRING ISSUES….
• 4. Right to Privacy
  – Especially…… Abortion.
    • Roe v. Wade, 1973
      – Case over legalizing abortion.
  Next Unit is:

THE CIVIL RIGHTS
   MOVEMENT
    SECTION 8

				
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