Chapter 4
The Supreme Court and the
Constitution
Section 1
Judicial Review
Constitutional Terms
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landmark
- event that marks a turning point
commission
- authorization to perform certain duties
writ of mandamus
- document that requires a public official to
perform certain duties
Ex Parte
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- “on behalf of”
Constitutional Terms Cont.
precedent
 - legal decision that influences the rulings
of later cases
 writ of habeas corpus
 - court order requiring the government to
release a prisoner unless good cause can
be shown
 jurisdiction
 - area of authority
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Main Ideas
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What does the Constitution say about the
Supreme Court’s power of judicial review?
-The Constitution does not specify the
powers of the Supreme Court
Main Ideas
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What arguments did John Marshall use to
support his opinion in the case of Marbury v.
Madison?
- Marshall ruled that the Supreme Court’s power to
issue a writ of mandamus was unconstitutional
because only the Constitution (not Congress) should
be able to give the Court this power. The Constitution
said nothing about this.
Main Ideas
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How did the 14th Amendment increase the
power of the Supreme Court?
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increased it’s jurisdiction – they were
allowed to declare state laws unconstitutional
as well as federal laws
Chapter 4
The Supreme Court and the
Constitution
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Section 2
First Amendment Freedoms
Constitutional Terms
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establishment clause
- a part of the 1st Amendment prohibiting the
government from setting up a national religion
free exercise clause
- part of the 1st Amendment prohibiting
government from interfering with people’s
religious beliefs
libel
- publication of statements that wrongfully
damage an individual’s reputation
Supreme Court Cases
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Wisconsin v. Yoder
- religion
Schenck v. United States
- speech
New York Times v. Sullivan
- press
Gitlow v. New York
- speech
Engel v. Vitale
- religion
Main Ideas
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In what two ways does the 1st
Amendment protect freedom of religion?
- NO national religion
 - free exercise of religion
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Main Ideas
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What kinds of speech has the Court
refused to protect under the 1st
Amendment?
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- speech that threatens others or social
order
Main Ideas
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How did the Supreme Court decision in
New York Times Co. v. Sullivan affect
freedom of the press?
- it set constitutional limits on libel law
 - expanded the protections of the press to
allow criticism of public officials
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Engel v. Vitale
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Government should not be writing prayers
and religious exercises should not be
conducted in public schools