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questions and summary portions of questions and summary portions of yesterday’s Cornell Notes.yesterday’s Cornell Notes.

New Section Essential Question:New Section Essential Question: How does the Supreme Court choose How does the Supreme Court choose

what cases to review, and what are what cases to review, and what are some of those “landmark” cases?some of those “landmark” cases?

The Supreme CourtHow cases reach the Supreme Court:

The 9 justices look at the possible cases, & if 4 approve, they will hear the case (rule of 4)

Docket: official calendar/schedule of cases for the Court to hear

(2006) 8,900 cases appealed to the S.C.67 hearings & full opinions, only decided a few

hundred cases total

The Supreme CourtDeciding Cases:

Written Arguments: After accepting a case, lawyers from each side submit briefs, or written explanation of that side of the case

Oral Arguments: Lawyers from each side present their case to the Supreme court30 minutes per side, justices can ask tough

questions

ConferenceOn Fridays the justices get together

to make their decision on the case

Meetings are held in secret.

A majority (5 votes) decide a case.

At least 6 justices need to be present to vote on a case.

The Supreme CourtCommunicating the Decision (4

options): Majority Opinion: Official ruling of the

court, explains the ruling and how they came to that decision

Concurrent Opinion: Written by a justice who agrees with the majority opinion, but has slightly different reasons

Dissenting Opinion: Justices who disagree with the majority can write why they disagree

Reasons for decisionsLawPrecedentsSocial AtmosphereJustices’ own legal and personal views

Landmark Landmark Supreme Court Supreme Court

Cases:Cases:

Let’s take a look at some of Let’s take a look at some of the most important cases the most important cases reviewed by the Supreme reviewed by the Supreme

CourtCourt

Precedent CasePrecedent Case A case that serves as a model for future A case that serves as a model for future

cases.cases. Example – Privacy rightsExample – Privacy rights

1965 – Griswold v. Connecticut – 1965 – Griswold v. Connecticut – woman has woman has a right to privacya right to privacy when buying birth control when buying birth control

1973 – Roe. v. Wade – 1973 – Roe. v. Wade – woman has a right to woman has a right to privacy privacy when getting an abortionwhen getting an abortion

Precedents are useful for helping SC Precedents are useful for helping SC judges make opinionsjudges make opinions

Marbury v. Madison Marbury v. Madison (1803)(1803)

The decision established The decision established “judicial “judicial review”review”: : the evaluation of federal the evaluation of federal laws’ constitutionality as a power of laws’ constitutionality as a power of the Supreme Courtthe Supreme Court

The Supreme Court has the ability to The Supreme Court has the ability to review laws, cases, decisions, etc. review laws, cases, decisions, etc. and judge their constitutionality.and judge their constitutionality.

Major Check/Balance Major Check/Balance power against the other power against the other two branches two branches

Plessy v. Fergusson (1896):Plessy v. Fergusson (1896):A Louisiana law required separate seating for A Louisiana law required separate seating for

white and African Americans on public white and African Americans on public railroads railroads ((segregationsegregation))..

----Homer PlessyHomer Plessy said his said his 14th Amendment14th Amendment rights rights (Equal Protection Clause)(Equal Protection Clause) had been had been violated.violated.

----The Supreme Court ruled that his rights The Supreme Court ruled that his rights were not violatedwere not violated, and , and segregated public segregated public facilities were permitted until 1954.facilities were permitted until 1954.

- SEPARATE BUT EQUAL- SEPARATE BUT EQUAL

Brown v. Board of Education of Topeka Brown v. Board of Education of Topeka (1954)(1954)

10-year-old, 10-year-old, Linda BrownLinda Brown, was not allowed to , was not allowed to attend her neighborhood school because she attend her neighborhood school because she was African American.was African American.

--Linda Brown said her --Linda Brown said her 14th Amendment 14th Amendment rightsrights ( (Equal Protection ClauseEqual Protection Clause) had been ) had been violated.violated.

----The Supreme Court ruled that “separate The Supreme Court ruled that “separate but equal” segregation was a violation of but equal” segregation was a violation of the Equal Protection Clausethe Equal Protection Clause.. This decision This decision overturned the precedent established by Plessy overturned the precedent established by Plessy v. Ferguson in 1896.v. Ferguson in 1896.

Mapp v. Ohio (1962):Mapp v. Ohio (1962):Dollree MappDollree Mapp was was convicted of having obscene convicted of having obscene

materials in her home.materials in her home.

Mapp appealed the conviction, saying that Mapp appealed the conviction, saying that the police the police had violated her rights by had violated her rights by entering her house entering her house without a warrantwithout a warrant..

The Supreme Court overturned the lower court’s The Supreme Court overturned the lower court’s decisiondecision, saying that the police had acted improperly, , saying that the police had acted improperly, this excluding the evidence that they had found.this excluding the evidence that they had found.

““Exclusionary Rule”:Exclusionary Rule”: excludes all evidence that is excludes all evidence that is found in illegal police searches.found in illegal police searches.

Lesson ExtensionLesson Extension Complete questions and summary of Complete questions and summary of

the notes that we took today over the the notes that we took today over the Supreme Court and those landmark Supreme Court and those landmark cases.cases.

Complete the I Civics sheet titled “The Complete the I Civics sheet titled “The Supreme in Supreme Court” to clarify Supreme in Supreme Court” to clarify some things about the court and those some things about the court and those cases.cases.

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complete our landmark supreme complete our landmark supreme court case discussion/notes.court case discussion/notes.

Essential Question: What are Essential Question: What are some landmark cases the some landmark cases the Supreme Court has ruled on?Supreme Court has ruled on?

Clarence GideonClarence Gideon

Gideon v. Wainwright Gideon v. Wainwright (1963):(1963):

Clarence GideonClarence Gideon was found was found guilty of breaking guilty of breaking and entering and sentenced him to 5 years in and entering and sentenced him to 5 years in prison.prison.

Gideon appealed claiming that Gideon appealed claiming that he did have the he did have the right to an attorney and the Supreme Court right to an attorney and the Supreme Court agreedagreed

Gideon received a new trialGideon received a new trial (with a court-(with a court-appointed attorney) appointed attorney) and was and was found not guilty.found not guilty.

““The Gideon Rule”: The Gideon Rule”: guarantees counsel to all guarantees counsel to all poor persons facing a felony charge (6th poor persons facing a felony charge (6th Amendment).Amendment).

Miranda v. Arizona (1966):Miranda v. Arizona (1966):Ernesto MirandaErnesto Miranda was arrested for kidnapping and was arrested for kidnapping and

sexual assault – sexual assault – he signed a full confession including he signed a full confession including a statement that he “had full knowledge of his legal a statement that he “had full knowledge of his legal rights.”rights.”

Miranda appealed claiming that he Miranda appealed claiming that he had not received had not received warning or legal counsel to guide his decision warning or legal counsel to guide his decision to confess.to confess.

The Supreme Court agreed with MirandaThe Supreme Court agreed with Miranda, saying , saying that all suspects must be forewarned that they have that all suspects must be forewarned that they have the right to remain silent and the right to an the right to remain silent and the right to an attorney.attorney.

““Miranda Rule”:Miranda Rule”: before a suspect is questioned by before a suspect is questioned by police, he/she must be:police, he/she must be:

The Miranda Rights:The Miranda Rights:

1. Told of their right to remain silent.1. Told of their right to remain silent.

2. Warned that whatever they say may be 2. Warned that whatever they say may be used in court.used in court.

3. Informed of their right to an attorney.3. Informed of their right to an attorney.

4. Informed that an attorney will be 4. Informed that an attorney will be provided if they cannot afford one.provided if they cannot afford one.

5. Told that they can stop police questioning 5. Told that they can stop police questioning at any time.at any time.

Roe v. Wade (1973)Roe v. Wade (1973) The issue in The issue in Roe v. Wade Roe v. Wade was not abortion; was not abortion;

it was actually about privacyit was actually about privacy In In Griswold v. Connecticut (1965), Griswold v. Connecticut (1965), the SC the SC

found that a woman’s right to privacy is found that a woman’s right to privacy is protected when she is looking for birth protected when she is looking for birth controlcontrol

In In Roe v. WadeRoe v. Wade, the SC used , the SC used GriswoldGriswold as a as a precedent to uphold the practice of abortionprecedent to uphold the practice of abortion

However, states may make laws that However, states may make laws that regulate abortionregulate abortion

New Jersey v. T.L.O. (1985):New Jersey v. T.L.O. (1985):T.L.O.T.L.O. (a New Jersey high school student) was sentenced (a New Jersey high school student) was sentenced

to probation by juvenile court after a to probation by juvenile court after a vice-principal vice-principal searched her purse and found cigarettes and searched her purse and found cigarettes and marijuana.marijuana.

T.L.O. appealed the ruling saying T.L.O. appealed the ruling saying the principal’s the principal’s search search was unreasonable.was unreasonable.

The Supreme Court denied the appealThe Supreme Court denied the appeal, saying that , saying that schools are allowed more leeway when conducting schools are allowed more leeway when conducting searches.searches.

The Court created a The Court created a “reasonable suspicion” “reasonable suspicion” rulerule for for schools conducting searches, instead of the schools conducting searches, instead of the “probable “probable cause”cause” rulerule that exists for the rest of society. that exists for the rest of society.

Bush v. Gore (2000)Bush v. Gore (2000) The 2000 presidential election was one The 2000 presidential election was one

of the of the closest in historyclosest in history Race came down to Florida, which was Race came down to Florida, which was

having ballot issues – too close to call having ballot issues – too close to call Gore was initially declared winner, but Gore was initially declared winner, but

then Bush was announced winnerthen Bush was announced winner Recount was requested by GoreRecount was requested by Gore, but , but

stopped by the Supreme Court in a 5-4 stopped by the Supreme Court in a 5-4 decision.decision.

The Issue in Florida The Issue in Florida (2000)(2000)

Bush v. Gore (con’t)Bush v. Gore (con’t) Bush v. Gore Bush v. Gore was controversial for was controversial for

several reasons:several reasons: Political question Political question – generally, the SC – generally, the SC

stays out of political mattersstays out of political matters It decided the outcome of the 2000 It decided the outcome of the 2000

electionelection Serves as a Serves as a precedentprecedent for future for future

matters regarding electoral politicsmatters regarding electoral politics

SC Case ReviewSC Case ReviewWhat were the main What were the main

arguments/outcomes of each of the arguments/outcomes of each of the following cases?following cases?

Miranda v. ArizonaMiranda v. Arizona Plessy v. FergussonPlessy v. Fergusson Brown v. Board of EducationBrown v. Board of Education Gregg v. GeorgiaGregg v. Georgia Mapp v. OhioMapp v. Ohio TLO v. New JerseyTLO v. New Jersey Marbury v. MadisonMarbury v. Madison