Learning Target
What: Demonstrate mastery of all that is the Executive Branch
Describe the significance of landmark Supreme Court cases
How: Quiz; S.C. case presentations
Assessment: quiz grade; S.C. cases major part of judicial branch quiz and 3 branches test
Second matching table
Option A should read:
Does a prohibition against the wearing of armbands in public school, as a form of symbolic protest, violate the students' freedom of speech protections guaranteed by the First Amendment?
Quiz Link - 2nd Hour
Quiz Link - 3rd Hour
Quiz Link - 4th Hour
Warm-up
1. What do you think your grade is on the test?
2. What were you most comfortable with?
3. What did you struggle the most with?
Whose Job is It?
Create Laws
Enforce Laws
Greet Foreign Leaders
Declare War
Approve Presidential Appointments and Treaties
Approve the Federal Budget
Appoint Cabinet Members (bureaucratic system)
Implied Power -- part of an unwritten Constitution
Interpret the Law
Judicial Branch
Article III
Judicial Powers
Interpret the Law
Judicial Powers
Judicial Review -
right to rule a law
unconstitutional
Jurisdiction
power of a court to hear a case
District Courts
at least 1 per state
Original Jurisdiction - case heard 1st time
Court of Appeals
Appellate Jurisdiction - case heard on appeal
Supreme Court
both appellate & original jurisdiction
Supreme Court Process
Judicial Branch & Checks and Balances
Over Legislative branch = can rule a law created by Congress to be Unconstitutional
Over Exec Branch = can rule presidential action/executive order to be unconstitutional
Over both = term is for life, subject to good behavior
Judicial Restraint v. Judicial Activism
Supreme Court Jigsaw
1. Marbury v. Madison
2. McCulloch v. Maryland
3. Gibbons v. Ogden (1824)
4. Reynolds v. United States (1879)
5. Plessy v. Ferguson (1896)
6. Schenck v. United States (1919)
7. Employment Division, Oregon v. Smith (1990)
8. Gideon v. Wainwright (1963)
Student Trip Reduction Survey
http://travelreductionsurvey.azurewebsites.us/Survey/Form?code=CHAUNS-50-16
SCOTUS Court Cases
Case background/Context
Federal question
Majority opinion including the primary holding (legal analysis)
Dissenting opinion (if applicable)
Implication/Significance of the ruling
Warm-up
For Jurors during Trial Prep
Good Reference Sites
oyez.org
landmarkcases.org
billofrightsinstitute.org
www.pbs.org/wnet/supremecourt/pop_landmark_cases/
Supreme Court Cases
Marbury v. Madison
Case Background
FEDERALISTS
Marbury v. Madison
Important to Know
Judiciary Act of 1789
Marbury v. Madison
Supreme Court Cases
Marbury v. Madison
Conclusion: 4 - 0 in favor of Marbury, but...
Supreme Court Cases
Marbury doesn’t receive commission
Primary Holding: Congress doesn’t have power to pass laws that override the Constitution (giving another branch more power)
Supreme Court Cases
Marbury v. Madison
Sig = Establishes Judicial Review
Marbury v. Madison
Becomes a precedent for other courts to follow.
Stare Decisis
Supreme Court Cases
McCulloch v. Maryland (1819)
Background/Context
BUS
Background/Context
Maryland taxes bank to drive it out
nope
Supreme Court Cases
Federal Questions
1. Does the fed gov’t have power to create a nat’l bank?
2. Can a state impede (tax) the federal gov’t?
Primary Holding
1. Yes - implied to carry out expressed is OK
Primary Holding
2. No - State’s power cannot impede federal gov’t
Significance/Implication
Necessary/Proper Clause upheld
Fed supersedes state govts
Supreme Court Cases
Gibbons v. Ogden (1824)
Case Context
Federal Question
Does the Commerce Clause give Congress authority over interstate navigation?
Majority Opinion
Regulation of interstate navigation was power reserved to Congress - interstate commerce clause
Unanimous
USS Congress Sucka
Implication
Helped define “commerce”; upheld Congressional power to regulate biz w/in states if cross state lines.
Reynolds v United States
Context: Reynolds marries multiple wives; cites religious obligation as member of Church of Jesus Christ of Latter Day Saints (Mormon)
Reynolds v United States
Fed Question: Is 1st amend free-exercise clause valid defense for an otherwise valid law (anti-bigomy law)?
Reynolds v United States
No
Holding: Religious duty does not excuse a person from obeying otherwise valid law
Sig= limits free-exercise rights
Oregon v Smith
-Laws are constitutional and don’t violate free ex clause if facially applied.
Religious exemptions would open door for excusing all kinds of behavior
Schenck v United States (1919)
Protesters handing out/mailing leaflets against the draft during WWI
Court Proceedings
1. Convicted in E. Penn Federal Court
2. Appeal denied
3. Taken to U.S. Supreme Court
Federal Question
Are Schenck’s words protected by the first amendment?
Does the U.S. government have the right to limit a citizen’s free speech as protected by the 1st Amendment?
Ruling and Opinions
Unanimous for United States
Majority Opinion - Free speech used to instigate danger or evil can be prohibited
No Dissenting Opinion
Significance
limited free speech under 1st amendment
litmus test created to determine “clear and present danger”
like yelling “FIRE!!!” in a crowded theater
Plessy v. Ferguson - 1896
Facts of the Case:
Homer Plessy challenges Separate Car Act in LA; sits in whites-only train car.
Plessy v. Ferguson - 1896
Federal Question:
Does the Separate Car Act violate the 14th Amendment?
Plessy v. Ferguson - 1896
Ruling: 7 -1
Majority Holding: “separate but equal” is constitutional
Sig= allowed for segregation in society
Brown v. Board - 1954
Facts of the Case:
African-American students denied admittance into all white schools
Federal Question: Does the segregation of schools based solely on race violate 14th amendment?
Brown v. Board - 1954
Ruling: Unanimous 9-0
Majority Holding: Segregating students treats them differently under the law violating the equal protection clause of 14th amend
Sig = overturned “separate but equal”, opens doors for future segregation cases
Gideon v Wainwright
Facts of Case:
- Gideon guilty of B&E
- Denied free lawyer
Gideon V Wainwright (1963)
Federal Question:
Does the 6th Amendment's right to counsel in criminal cases extend to felony defendants in state courts?
Majority/Dissenting Opinions
Unanimous (7-0) in favor of Gideon
Majority Op - Right to counsel was necessary to guarantee due process
Framers placed high value on counsel
Significance
If you are charged with a felony crime, you have the right to a court appointed attorney.
Lower Courts
- Guilty in Bay County, Florida Circuit Court
- Appeal Denied
Petitioned U.S. Supreme Court
Mapp v. Ohio - 1961
Facts about Case:
- Dollree Mapp convicted of possession of obscene materials
- Appeal citing 1st amendment
Mapp v. Ohio - 1961
Federal Question:
Were the confiscated materials protected under 1st amend?
Can evidence obtained from warrantless search be used in state court?
Mapp v. Ohio - 1961
Ruling: 6-3
Majority Holding:
Prosecution cannot admit evidence obtained from illegal search in court
Sig= strengthens 4th amend right
Miranda v. Arizona - 1966
Facts about Case:
Ernesto Miranda found guilty of kidnapping and rape
Confessed in police interrogation prior to trial
Miranda v. Arizona - 1966
Federal Question:
Does 5th amendment protection from self-incrimination extend to police interrogation?
Miranda v. Arizona - 1966
Ruling: 5-4 in favor of Miranda
Holding: right to lawyer, remain silent must be waived knowingly. Otherwise any evidence is obtained illegally
Sig = Miranda Rights
Obergefell v. Hodges - 2015
Facts about case:
Same sex couples from various states sued for right to marry and for state to recognize marriage
Obergefell v. Hodges - 2015
Federal Question:
Does 14th amend require a state to issue marriage license?
Recognize same-sex marriage?
Obergefell v. Hodges
Ruling: 5-4 in favor of Obergefell
Holding: Right to marry is inherent in individual autonomy. Denying someone a marriage license based on sexual orientation treats same-sex couples differently under the law which violates 14th amendment equal protection clause
Sig= same-sex marriage legal in all 50 states
Carpenter v. United States - 2018
Facts about case:
Carpenter arrested for multiple armed robberies
Police used cell-phone data from carrier to place him at locations
Carpenter v United States
Federal Question:
Does a warrantless search of cell phone records from third-party, including cell-site location, violate 4th amend?
Carpenter v United States
Ruling: 5-4 in favor of Carpenter
Holding: Cell-site location constitutes 4th amend search
Sig = Rights like privacy changing in digital age
Warm-up
Take 5 minutes to look over your landmark Supreme Court cases.
Pay attention to Federal Question and Significance
Name the Case - Federal Question
1. Does Congress have right to regulate interstate commerce?
2. Does the 6th Amendment's right to counsel in criminal cases extend to felony defendants in state courts?
3. Does the Separate Car Act violate the 14th Amendment?
1. Marbury v Madison
2. McCulloch v Maryland
3. Gibbons v Ogden
4. Reynolds v U.S.
5. Schenck v U.S.
6. Oregon v Smith
Name the Case - Federal Question
1. Can evidence obtained from warrantless search be used in state court?
2. Does the 6th Amendment's right to counsel in criminal cases extend to felony defendants in state courts?
3. Does the Separate Car Act violate the 14th Amendment?
1. Brown v. Board
2. Gideon v. Wainwright
3. Mapp v. Ohio
4. Obergefell v. Hodges
5. Carpenter v. United States
6. Plessy v. Ferguson
Name the Case - Significance
4. Rights like privacy changing in digital age
5. Same-sex marriage legal in all 50 states
6. Law enforcement must make you aware of your rights during arrest and prior to interrogation
1. Brown v. Board
2. Gideon v. Wainwright
3. Mapp v. Ohio
4. Obergefell v. Hodges
5. Carpenter v. United States
6. Plessy v. Ferguson
What’s the Objection?
Prosecution: “Mr. Johnson, you heard Chris whisper the words “tower” and “flag” to Milan shortly before Milan ran to the clock tower, right?”
Defense: “Objection your honor, leading question.” [Mr. Johnson is a witness for the prosecution]
Your ruling: Sustained/Overruled because…
What’s the Objection?
Defense: “Tyler, do you like to consume alcohol? Would you say your drinking is affecting your schooling?”
Prosecution: “Objection, relevance. What does this have to do with the defendant Chris Archer or the deceased Milan?” [Tyler is a witness for the prosecution]
Defense: “Your honor, we’re trying to establish the credibility of the witness.”
You ruling: Sustained/Overruled because…
Trial Prep - Day 1 Goals
Attorneys | Witnesses |
Charge(s) for defendant Pre-trial meeting Case outline | Completely familiar with character role and affidavit Help attorneys with key information |
Judges | Non-trial members |
Hold pre-trial meeting Find laws/statutes for your trial | Begin research on landmark supreme court cases |
Warm-up
Please write out your response:
What is the importance of jury duty?
What biases do think you might hold that would relevant to serving on a jury?
Which of those might apply to a case that involved a 16 year old being tried as an adult?
Trial Prep - Day 2 Goals
Attorneys | Witnesses |
Assign witnesses to members Have questions written for your witnesses | Help attorneys write examination questions |
Judges | Non-trial members |
Find laws/statutes for your trial Complete script | Slide presentation on case. |
Trial Prep - Day 3 Goals
Attorneys | Witnesses |
Questions written for ALL witnesses Begin practicing w/witness | Practice giving testimony w/attorney |
Judges | Non-trial members |
Work on trial scripts | Slide presentation on case to be presented on Monday |
Trial Prep - Day 4 Goals
Attorneys | Witnesses |
- Practiced questions with all direct witnesses - Opening statements written - Review rules of evidence | - Practiced giving testimony w/attorney - Practiced possible cross-examination questions |
Judges | Non-trial members |
- Complete judge script | - Present landmark Supreme Court cases |
IF YOU FINISH EARLY… 1. iCivics.org → Argument Wars, Supreme Decision, Court Quest, We the Jury | |
Trial Prep - Day 4 Goals
Attorneys | Witnesses |
- Practiced questions with all direct witnesses - Opening statements written - Review rules of evidence | - Practiced giving testimony w/attorney - Practiced possible cross-examination questions |
Judges | Non-trial members |
- Complete judge script - Judge quiz | - Present landmark Supreme Court cases - Elect jury foreman |
IF YOU FINISH EARLY… 1. iCivics.org → Argument Wars, Supreme Decision, Court Quest, We the Jury 2. Study Judicial Branch notes and cases | |
Supreme Court Case Jumble
Miranda 4th Amendment Mapp
“Separate but equal” Carpenter Plessy
Cell records need warrant illegal confession
illegally obtained evidence Brown v Board
Equal protection clause of 14th Amendment
For Jurors during Trial Prep
Argumentative Essay
Intro paragraph that includes your claim and line of reasoning
Context paragraph that addresses the broader historical context of the case and amendment(s) in question
Supporting Evidence paragraph(s) that supports your line or reasoning w/1 primary source and 2 secondary sources
Trial Reflection
Jurors - How did you vote on the charge of 1st Degree Murder? What was the key piece of evidence that convinced you?
Judge/Bailiff/Court Reporter/Sketch - Did you agree or disagree with the jury’s verdict? Why/why not?
Lawyers/Witnesses - What went well? What would you have done differently?
Everyone: How do the rules of evidence and court procedures help ensure a “fair trial”?
Learning Target
What: Describe the importance of serving on a jury
Argue to what extent a truly impartial jury is possible
How: NYT Article; 12 Angry Men film analysis
Assessment: completed graphic organizer
Warm-up
Using your phones visit website imdb.com and search for 12 Angry Men (1957)
1. Read “Storylines” for film background - at bottom of page
2. What personal biases do you think you may take with you onto a jury?