Unit 5
The “Living Document”
The Constitution in Action
Constitution Flow Chart
O U.S. Constitution
O Supreme Law of the Land
O Only a Constitutional Amendment more
powerful
O Constitutional Amendment
O Changes the Constitution
O Becomes part of the Constitution
O Only another Amendment more powerful
Constitution Flow Chart
O Supreme Court Decision
O Decided through
Supreme Court Cases
(Can’t act on their own)
O Interprets the
Constitution
O Applies it to certain
issues
O Only a Constitutional
Amendment or another
Supreme Court decision
is more powerful
Bill of RightsSupreme Court
Cases
Engel v. Vitale
O Engel v. Vitale (1962)
O Deals with freedom of religion & the
establishment clause.
O 1951 – NY Board of Regents approved a
voluntary “non-denominational” prayer
for each morning.
O “Almighty God, we acknowledge our
dependence upon Thee, and we beg
Thy blessings upon us, our parents,
our teachers and our Country.”
Engel v. Vitale
O Ten parents in the New Hyde Park
schools object because the prayer was
“Contrary to their own and their
children's beliefs, religions, or religious
practices.”
O Does the reading of a nondenominational
prayer at the start of the school day
violate the "establishment of religion"
clause of the First Amendment?
Engel v. Vitale Verdict
O Public school prayer is unconstitutional
O Neither the prayer's nondenominational
character nor its voluntary character
saves it from unconstitutionality. By
providing the prayer, New York
officially approved religion.
First Amendment
Question
O Freedom of Religion or
Freedom from
Religion???
O Protect it or restrict
it???
Schenck v. U.S. (1917)
O Charles Schenck
O General Secretary of the Socialist Party
O
O
O
O
of America
During World War I, Schenck mailed
circulars to draftees.
The circulars suggested that the draft
was a monstrous wrong motivated by the
capitalist system.
The circulars urged "Do not submit to
intimidation" but advised only peaceful
action such as petitioning to repeal the
Conscription Act.
Schenck was charged with conspiracy to
violate the Espionage Act by attempting to
cause insubordination in the military and to
obstruct recruitment.
Schenck v. U.S. Verdict
O Were Schenck's political statements
protected by the free speech section
of the 1st Amendment?
O No, Schenck’s conviction was upheld.
Freedom of speech can be limited.
O Justice Oliver Wendell Holmes: “Free
speech would not protect a man
falsely shouting fire in a theater &
causing a panic.”
O Congress has the right to prevent
words that would cause “a clear and
present danger”
Gideon v. Wainright (1963)
O Deals with the rights
protected under the
6th Amendment.
O Clarence Gideon, was
charged in a Florida
state court with a
felony for breaking
and entering.
Gideon v. Wainright
O Unable to afford a
lawyer & not provided
with one, he
defended himself &
was convicted for up
to five years in
prison.
O He appealed to the
Supreme Court.
Gideon v. Wainright Verdict
O Did the state court's failure to appoint
counsel for Gideon violate his right to a
fair trial and due process of law as
protected by the Sixth and Fourteenth
Amendments?
O Justice Hugo Black – “Lawyers
are a necessity, not a luxury”
Escobedo v. Illinois (1964)
O Danny Escobedo was arrested
and taken to a police station
for questioning. Over several
hours, the police refused his
repeated requests to see his
lawyer.
O Escobedo's lawyer sought
unsuccessfully to consult with
his client.
O Escobedo subsequently
confessed to murder.
Escobedo v. Illinois Verdict
O Was Escobedo denied the right to counsel as
guaranteed by the Sixth Amendment?
O Yes. Justice Arthur Goldberg, in his majority opinion,
spoke for the first time of "an absolute right to remain
silent." Escobedo had not been adequately informed of
his constitutional right to remain silent rather than to
be forced to incriminate himself.
Miranda v. Arizona (1966)
O Deals with self-
incrimination protected
under the 5th
Amendment.
O Ernesto Miranda was
arrested for kidnapping
& rape
O Was interrogated &
confessed without being
specifically told of his
rights.
O Miranda was convicted to
20 years in prison.
Miranda v. Arizona
O Does the police practice of
interrogating individuals without
notifying them of their right to counsel
and their protection against selfincrimination violate the Fifth
Amendment?
Miranda v. Arizona Verdict
O Yes, the Supreme
Court overturned
Miranda’s conviction.
O Chief Justice Earl
Warren: “unless
adequate protective
devices are employed
… no statement
obtained from the
defendant can truly be
the product of his
free choice.”
Miranda v. Arizona
O Citizens must know their
Rights
O Must have access to lawyer
O Result:
O Miranda warnings
O Custody + Interrogation =
Miranda Warnings
Miranda v. Arizona
O Miranda Rights
O You have the right to remain silent.
Anything you say can and will be used
against you in a court of law. You have
the right to speak to an attorney, and
to have an attorney present during any
questioning. If you cannot afford a
lawyer, one will be provided for you at
government expense.
Furman v. Georgia (1972)
O William Furman was
burglarizing a home when a
family member discovered
him.
O He attempted to flee, and
in doing so tripped and fell.
O The gun that he was
carrying went off and
killed a resident of the
home. He was convicted of
murder and sentenced to
death.
Furman v. Georgia Verdict
O Does the imposition and carrying out of
the death penalty constitute cruel and
unusual punishment in violation of the
Eighth and Fourteenth Amendments?
O Yes. The Court's opinion held that the
imposition of the death penalty
constituted cruel and unusual
punishment and violated the
Constitution
Furman v. Georgia
O Justices focused on the arbitrary
nature with which death sentences
have been imposed, often indicating a
racial bias against black defendants.
O The Court's decision forced states
and the national legislature to rethink
their statutes for capital offenses to
assure that the death penalty would
not be administered in a capricious or
discriminatory manner.
O Death Penalty is reinstated by 1976.
STATES WITH THE DEATH PENALTY
Alabama
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
Florida
Georgia
Idaho
Indiana
Illinois
Kansas
Kentucky
Louisiana
Maryland
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
North Carolina
Ohio
Oklahoma
Oregon
Pennsylvania
South Carolina
South Dakota
Tennessee
Texas
Utah
Virginia
Washington
Wyoming
ALSO
- U.S. Gov't
- U.S. Military
STATES WITHOUT THE DEATH PENALTY
Alaska
Hawaii
Iowa
Maine
Massachusetts
Michigan
Minnesota
North Dakota
Rhode Island
Vermont
West Virginia
Wisconsin
ALSO
- Dist. Of
Columbia