Supreme Court CasesSupreme Court Cases

The Supreme Court came The Supreme Court came about with the Judiciary Act about with the Judiciary Act of 1789, which established of 1789, which established the federal court system in the federal court system in

the United States.the United States.

Plessy vs. Ferguson: Plessy vs. Ferguson: 18961896Supreme Court stated there was Supreme Court stated there was

no no discriminationdiscrimination Legalized Legalized segregation in the U.S.segregation in the U.S.

““Separate but equalSeparate but equal” facilities ” facilities

EEssential ssential QQuestionuestion

What effects did the decision in What effects did the decision in Plessy v. Ferguson have on the lives Plessy v. Ferguson have on the lives of African Americans? of African Americans?

Brown vs. Board of Education: Brown vs. Board of Education: 19541954Linda Brown; age Linda Brown; age 77Sued the school board (Sued the school board (Topeka, KSTopeka, KS): ):

deprived of deprived of equal protectionequal protection of the of the lawlaw

1414thth Amendment was violated Amendment was violatedEnded what? Ended what?

school segregationschool segregation

EQ:EQ:

How is the Brown case different How is the Brown case different from the Plessy case? from the Plessy case?

Question: write this on the back of Question: write this on the back of your notesyour notes

What power is given to the US What power is given to the US Supreme Court that can over rule Supreme Court that can over rule Congress or the President if they Congress or the President if they contradict (go against) the contradict (go against) the Constitution?Constitution?

Judicial Review Judicial Review

Marbury vs. MadisonMarbury vs. Madison

Marbury vs. Madison: Marbury vs. Madison: 18031803Marbury’s job: Marbury’s job: justice of the peacejustice of the peacePresident Jefferson President Jefferson firedfired Marbury MarburySignificance: Significance: 11stst time Supreme time Supreme

Court declared an act of Court declared an act of Congress/President Congress/President unconstitutionalunconstitutional

***Unconstitutional: illegal; not ***Unconstitutional: illegal; not allowed by the Constitutionallowed by the Constitution

Gideon vs. Wainright: 1963Gideon vs. Wainright: 1963 Violated 14Violated 14thth Amendment: Amendment: States cannot States cannot

deprive you of life, liberty, or property deprive you of life, liberty, or property without due process of lawwithout due process of law

66thth Amendment: Amendment: right to an attorney and right to an attorney and a fair trial a fair trial

Writ of Habeas Corpus: Writ of Habeas Corpus: brought to court brought to court and give reason why you wereand give reason why you were arrestedarrested

Outcome: Outcome: State has to provide a State has to provide a lawyer if you can’t afford onelawyer if you can’t afford one

Miranda vs. Arizona: 1966Miranda vs. Arizona: 1966Violated 5Violated 5thth Amendment: Amendment: right right

against self – incriminationagainst self – incrimination Changed interrogation process: Changed interrogation process:

police may not ask questions police may not ask questions unless a lawyer is presentunless a lawyer is present

Miranda Rights: Miranda Rights: o You have the right to You have the right to

remain silent…remain silent…

55thth Amendment (pg. 85) Amendment (pg. 85) 1. 1.

2. 2.

3. 3.

4. 4.

5. Eminent Domain 5. Eminent Domain

How does the 5How does the 5thth Amendment apply to Amendment apply to the Gideon and Miranda cases? the Gideon and Miranda cases?

Breakdown of 5th Amendment No person shall be held to answer for a

capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury

nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb

Shall NOT be compelled in any criminal case to be a witness against himself

USA government cannot deprive life, liberty, or property, without due process of law

No private property can be taken for public use, without just compensation

*** The Framers derived the Grand Juries Clause and the Due Process Clause from the Magna Carta, dating back to 1215.

Essential QuestionEssential Question How does the 5How does the 5thth Amendment apply to the Amendment apply to the

Gideon and Miranda cases?Gideon and Miranda cases?

Government may not deprive a person of Government may not deprive a person of life, liberty, and property without due life, liberty, and property without due process of law… process of law… “the government “the government must follow proper constitutional must follow proper constitutional procedures in trial and in other procedures in trial and in other actions it takes against individuals.” actions it takes against individuals.” (pg. 86) (pg. 86)

Korematsu vs. USA: Korematsu vs. USA: 19441944 Executive Order #9066 (1942): Executive Order #9066 (1942): sent sent

Japanese Americans to live on Japanese Americans to live on Internment CampsInternment Camps

Violates 5Violates 5thth Amendment: Amendment: U.S. U.S. Government cannot deny any Government cannot deny any person “life, liberty, or property” person “life, liberty, or property” without due process of lawwithout due process of law

Outcome: Outcome: Korematsu lost the caseKorematsu lost the case

EQ: EQ:

How were Japanese Americans’ How were Japanese Americans’ natural rights being violated with natural rights being violated with the Executive Order #9066? the Executive Order #9066?

Fred Fred KorematsuKorematsu