• LEGISLATIVE
BRANCH
______s the law
• EXECUTIVE
BRANCH
______s the law
JUDICIAL BRANCH
________________s the
law
Top row (l to r) –____________ (Obama), ___________(Clinton),
____________ (Bush), _______________(Obama)
Bottom (l to r) – _____________ (H.W Bush), ___________ (H.W.),
___________ **(Bush), _________ (Reagan), ____________(Clinton)
THE SUPREME COURT OF THE UNITED
STATES (SCOTUS)
SUPREMACY CLAUSE
• Can a state government give you MORE
rights than your federal government? Can
they give you LESS?
The Supremacy Clause states that the
Constitution is the _______________ law of the
land
- _______ law can NOT violate _______ law
- States can give you ______ rights but not
______ rights, as long as it does not violate the
__________.
Ex. – School Drug Testing, Equal Rights, Clean Air Act
APPLYING COURT JARGON…
• Civil vs. Criminal
• Plaintiff vs. Defendant
• Petitioner vs. Respondent
• State vs. Federal jurisdiction
TYPES OF JUDGMENTS
• “Strict Interpretations”
– “Judicial Restraint” – only judge
based on what the _____says
(word of the _______)
– a ___________ court’s judgment
holds a heavy influence
– Acting as an “UMPIRE / REF”
• “Loose Interpretations”
– “Romantic Judges” – judge with
incorporating feelings, public
opinion, and possible
_______________ of the law
(__________ of the law)
– Legislating from the Bench – a
loose interpretation can make a
__________ in the law OR new law
– Acting as a “COMMISSIONER”
TYPES OF JUDGES
Dred Scott v. Sanford
• “When a strict interpretation of
the Constitution, according to
the fixed rules which govern
the interpretation of laws, is
abandoned, and the theoretical
opinions of individuals are
allowed to control its meaning,
we have no longer a
Constitution; we are under the
government of individual men,
who for the time being have
power to declare what the
Constitution is according to
their own views of what it
ought to mean.”
Roe v. Wade
• The Court held that a woman's
right to an abortion fell within
the right to privacy protected
by the Fourteenth Amendment.
The decision gave a woman
total autonomy over the
pregnancy during the first
trimester and defined different
levels of state interest for the
second and third trimesters. As
a result, the laws of 46 states
were affected by the Court's
ruling.
SUPREME COURT PRECEDENTS
WHICH DEFINE OUR RIGHTS
Marbury v. Madison (1803)– (Facts)
Court Decision –
Precedent – Judicial Review (explain)
Strict or loose? (explain)
‘Congress shall make no…abridging the
freedom of speech.’ – 1st Amendment
Schenck vs. US (1919) – (Facts)
Court Decision & Judicial Reasoning
PrecedentThe meaning of Clear & Present Danger
Strict or Loose (explain)
“…NOR DENY TO ANY PERSON WITHIN ITS
JURISDICTION THE EQUAL PROTECTION OF LAWS.” –
14TH AMENDMENT
BROWN V. BOARD OF EDUCATION OF TOPEKA, KS (1954) - *Arguably the
most impactful court decision on your life” (Facts) -
Court Decision & Judicial Reasoning ‘separate is inherently unequal’- what does this mean and why is the
word ‘inherent’ so important?
Precedent – the de ___________ of public schools (explain)
Strict or Loose? (explain)
DID YOU KNOW??.....
• PRECEDENT - Plessy vs. Ferguson (1896)– “separate
but equal” is constitutional
• Segregated schools existed everywhere…why did the
NAACP choose Kansas?
• Why was Linda Brown chosen to represent the dozens
of minority families who filed suit in Kansas?
• How many schools were desegregated after Brown?
• 9-0 DECISION…WHY?
• BROWN V. BOARD – PART DEUX!!!!
The impact OF BROWN V. BOARD
today in EDUCATION
• 1. IDEA – Individuals w/ Disabilities in
Education Act
• 2. TITLE VII – Equal Opportunity as it
pertains to race (Affirmative Action)
– De facto (by fact) vs. de jure segregation (by
law) – the law requires addressing de jure but
only recommends handling de facto
• 3. TITLE IX – Equal Opportunity in
athletics as it pertains to gender
TITLE VII – Affirmative Action
TICKET IN…
• Brown v. Board has / has not impacted
my experience in school because
_____________________________
At least 3 lines
‘Congress shall make no law
establishing religion’
Religion –“Establishment Clause” (Engel v.
Vitale, 1961)
Court Decision –
Precedent –
Strict or Loose -
‘In all criminal prosecutions…to have the
assistance of counsel for his defense.’ –
Amendment #6
• Rights of the Accused – “Right to Counsel” (Gideon
v. Wainwright, 1963)
Court Decision
Precedent
Loose or Strict
‘In all criminal prosecutions…to have the
assistance of counsel for his defense.’ –
Amendment #6
• “Miranda Rights” (Miranda v. Arizona, 1966)
• Court Decision
• Precedent
• Loose or Strict
‘Congress shall make no…abridging the
freedom of speech.’ – 1st Amendment
Speech in School - “Symbolic Speech”
(Tinker v. Des Moines, 1968)
Court Decision
Precedent
Loose or Strict
‘Congress shall make no…abridging the
freedom of speech.’ – 1st Amendment
Hazlewood v. Kuhlmeier (1987)
Court Decision
Precedent
Loose or Strict
SOMETHING TO THINK
ABOUT:
Our courts have generally
sided with protection of
freedoms over security in the
‘real world’, BUT, security
over freedoms in
schools…WHY?
REFLECTION…
•Most of our historical decisions are
_____________ interpretations of the
Constitution. Why?
Celebrating the Holidays in
Public Schools
• Lemon v. Kurtzman (1971)
– Did the Rhode Island and Pennsylvania statutes violate the First
Amendment's Establishment Clause by making state financial aid
available to "church- related educational institutions"?
• Yes, which created “The Lemon Test”,
which means school activities must pass a
3 part test
– 1. There must be a secular legislative purpose
– 2. The principle effect must be one that neither advances or inhibits
religion
– 3. It may NOT foster government entanglement w/ religion
DOES IT PASS THE LEMON
TEST?
A school sponsored play
about the birth of Jesus
TICKET OUT…
• Taxman or the Board? – YOU CHOOSE!
• What is your judicial reasoning? Use text
from a previous decision…minimum 3
lines
DOES IT PASS THE LEMON
TEST?
• A School district forbids choirs to sing any
music that is religious in nature
DOES IT PASS THE LEMON
TEST?
• A school choir concert w/ 8 Christmas
songs and 1 Hanukah song
DOES IT PASS THE LEMON
TEST?
• A teacher displays only a menorah in his
classroom
DOES IT PASS THE LEMON
TEST?
• A teacher displays only a Christmas tree in
her classroom
DOES IT PASS THE LEMON
TEST?
• A teacher’s classroom w/ snowflakes,
candles, trees, and Santa Claus
DOES IT PASS THE LEMON
TEST?
• How do you feel our Court has interpreted
“The Establishment Clause” in these
cases?
• Is the “Lemon Test” a just way to interpret
the 1st Amendment?
• Are there any controversies or issues
pertaining to how Council Rock interprets
the “Lemon Test?”
• Does the “Lemon Test” pertain to other
public institutions and holiday displays?
LEGAL BRIEF
Reflect on your work yesterday:
1. What worked? What did you accomplish?
2. What didn’t work or what do I still need to
do?
3. I am still unsure about…or a question I
have is…
Top row (l to r) –Sotomayor(Obama), Breyer (Clinton), Alito (Bush),
Kagan (Obama)
Bottom (l to r) – Thomas (H.W Bush), Scalia (H.W.), Roberts **(Bush),
Kennedy (Reagan), Ginsburg (Clinton)
SAME SEX MARRIAGE
• Hollingsworth v. Perry – Challenging
California’s Proposition 8 (Law banning
SSM in California)
• United States v. Windsor – Challenging
DOMA (Defense of Marriage Act – Federal
not recognizing SSM)
TICKET IN…
Topic – Brown v. Board of Education
Choose 1 - “I learned / I realized / I was
surprised”
At least 3 lines