Warm up

1. Name three roles of the president2. Name three powers of Congress3. What is the process of amending the

Constitution?4. Which of the amendments in the Bill

of Rights do you consider to be the most important? Why?

McCulloch vs. Maryland (1819)

• Supremacy, Necessary and Proper Clauses

• Maryland tried to tax the Federal Bank

• Fed bank is allowed under the N+P Clause

Civics 2.04-6

Amendments and Court Cases

I. Civil Liberties (1st)

A. Religion: establishment vs. free practice clauses- separation of church and state

Engle vs. Vitale

• 1st amendment/ 14th amendment (1962)

• Parents against kids saying prayer in the morning at school

• School prayer found unconstitutional

Wallace vs. Jaffree• First Amendment December

4th 1984 ended June 5th 1985• In 1981 Alabama passes a law

that allowed a moment of silence for “meditation” or “prayer” in public schools.

• This gave students the opportunity for voluntary prayer at the appropriate time and established no more structured prayer in public schools.

B. Assembly: implies freedom of association- organize groups

C. Petition: express ideas to the government- lobbying

D. Press: across different media

• Amendment I• Congress passed the

Espionage Act restricting the first amendment for WWI. Schenck told soldiers to oppose and resist the draft, the was then arrested.

• The Court declared the Espionage Act a reasonable and acceptable limitation on speech in time of war.

Schenck vs. U.S. (1919)

New York Times vs US (1979)

• 1st Amendment• New york times got ahold of internal defense

department report and published it• Focused on freedom of press and right to inform

Americans• 6-3 decision, Court ruled favor of the New York

Times

E. Speech: can be any kind of communication

Tinker vs. Des Moines School District (1968)

• 1st Amendment• School against wearing

armbands protesting against the Vietnam War

• The wearing of the armbands was protected by the 1st Amendment

Hazelwood school District vs. Kuhlmeier(January 1988)

• Violated the 1st Amendment• Hazelwood East High School to censored stories

concerning teen pregnancy and the effects of divorce on children from a school-sponsored student newspaper. 

• The Court ruled that School officials need not tolerate speech which is inconsistent with the school's basic educational mission

West Virginia Board of Education vs. Barnette (1942)

• Amendment I• The West Virginia Board of Education

required that students and faculty salute the flag.

• The Courts voted 6 to 3 in favor of Barnette saying that compelling students to salute the flag is unconstitutional.

Texas vs. Johnson

1. He was in the 1st amendment, speech

2. He was originally ruled guilty for burning the flag

3. Johnson's burning of a flag was protected expression under the First Amendment.

Morse v. Frederick Amendment 1: Speech, Press, and Assembly

Frederick suspended for sign reading “Bong Hits 4 Jesus” at school event.

5-4 vote, rules that school officials can prohibit students from displaying messages that promote illegal drug use

F. Limitations1. Slander- spoken lies to damage reputation2. Libel- written lies to damage reputation3. Obscenity- restrictions on printing and

distribution4. Broadcast media- Federal Communication

Commission

Warm up

• Imagine that Lucas pulled out a knife in the middle of class and stabs Stanley. Before we can put him in prison for what he has done, what legal steps must take place?

II. Rights of the Accused (4-6,8)

A. Search warrant from a judge

Mapp vs. Ohio (1961)• 4th Amendment• Police used evidence found

without a warrant against Dollree Mapp.

• Got off clean, ruled that evidence without a warrant is unconstitutional by 4th and 14th Amendments.

What Went Down…

• 4th amendment • Two girls got caught blazin in the bathroom at

school. One girl confessed and the other girl denied it.

• Students can be searched without a warrant if there is reasonable suspicion

New Jersey vs. T.L.O (1986)

New Jersey vs. T.L.O (1986)

•Fourth Amendment•For New Jersey: School officials have the powers to control student conduct, including search and seizure.•T.L.O (Tracey Lois Odem): Because school officials are employees of the State, they are obligated to respect student’s rights, including their privacy.

B. Indictment- formal charge for serious crime

C. Double jeopardy- can’t be tried for the same crime twice

D. Right to remain silentE. Due process- reasonable laws and

legal procedures

•6th Amendment•Gideon too poor to get lawyer. Court denied request for lawyer and Gideon defended himself. He later wrote to Supreme court and granted him a hearing with lawyers. •All citizens must be provided a lawyer if they can’t afford one, regardless of the crime.

Gideon vs Wainwright (1963)

• Fifth Amendment• Miranda did a crime, the police

questioned him about it he told confessed but the police did not tell him he had any rights

• “Miranda Warning”- that you have the right to remain silent; that anything you say may be used against you in the court of law.

Miranda vs. Arizona

Ticket Out: 3-2-1

• Name three cases that involve student’s rights.

• What are the two steps in the process of amending the Constitution?

• Describe one case which protects the rights of the accused.

F. Eminent domain- gov’t must pay fair price if take your land

G. Bail- money used as a security deposit for court date

FURMAN Vs. GEORGIA• 1972 - 1975 Amendment VIII & XIV• Furman was burglarizing a private

home one of the family members came outside, Furman started to run and fell the gun is his pocket went off and killed the man

• Justices said if the public thought the death penalty was unfair or did not like it they could get rid of it completely or re write it .

Gregg vs. Georgia• 8th amendment: cruel and unusual punishment• Gregg had a armed robbery and murder. He was

sentenced to death. • He pleaded that this was a “cruel and unusual”

punishment. He was still sentenced to death and the court said this was not unconstitutional.

III. Extending the Constitution (9,10)

A. There are more rights than are in the Constitution

B. All powers not specifically in Constitution given to states (reserved powers)

ROE V. WADE (1973) Fourteenth Amendment Roe challenged the constitutionality

of the Texas criminal abortion laws Laws were ruled as infringing on the

right to privacy; many laws in various states were affected by this ruling

DRED SCOTT VS. SANDFORD

• 5th amendment• Dred Scott was a slave

from Missouri (slave state) who was moved to Illinois (free state). Scott and his owner were forced back to Missouri. He sued his owner for freedom when he died.

• Slaves are not citizens and cannot be freed

IV. Civil War Amendments (13-15)

A. 13th: ended slaveryB. 14th: most important amendment

1. Defined citizenship2. All citizens must have equal protection under

the law3. Incorporates the Bill of Rights to the states

C. 15th: African Americans get right to vote

Plessy vs. Ferguson • The 13th and 14th Amendment was

what the case pertains to .June 7, 1896

• Plessy (7/9 white) sits in an all white cart gets arrested after refusing to move to the colored carts

• Plessy didn’t win, the Supreme Court established the rule of “separate but equal”

Brown vs. Board of Education

• 14th Amendment: Insured African Americans of their legal citizenship and equal rights.

• Oliver Brown vs. Board: Ended legal segregation in public schools.

• Segregation of students in public schools disregards the Equal Protection Clause of the Fourteenth Amendment, because separating students is inherently unequal.

Swann Versus CMS

• 14th Amendment. • Charlotte-Mecklenburg

School District was forcing students to use the bus to promote racial integration

• Busing students to promote integration is constitutional.

Korematsu vs. us 14th Amendment Presidential order #9066 to have all

Americans with Japanese decent put in internment camps during WW 2

Court sided against Korematsu, citizen’s rights can be restricted in war

The government later apologized for the internment of Japanese Americans and gave all families monetary compensation

California Board of Regents v Bakke

• Court Case: California Board of Regents vs. Bakke (1970-1979) the Fourteenth Amendment

• The University of California rejected a white mans (Allan Bakke) application twice for med school.

• The use of racial quotas at the school violated the equal protection clause of the Fourteenth Amendment but affirmative action is allowed

V. Progressive Era (16-19)

A. Income tax (16)B. Senators elected (17)C. No alcohol (18)D. Women’s suffrage (19)

VI. Later Amendments

A. 23: Washington DC can vote in national elections

B. 24: No more poll tax- pay money before voting (prevented African-Americans and poor whites from voting,)

C. 26:Voting age to 18