AgendaAgenda2/6/152/6/15

1-Bell Ringer1-Bell Ringer

Power PointPower Point

Review Questions 21-40Review Questions 21-40

ICIVICS- The Judicial SystemICIVICS- The Judicial System

Bell RingerBell Ringer

How are the author's views from this passage applied in the U.S. Constitution?

A. The U.S. Constitution limits the rights of the people.B. The U.S. Constitution limits the power of the federal government.C. The U.S. Constitution requires the states to provide for the common defense.D. The U.S. Constitution requires the government to promote the general welfare.

ObjectiveObjective

Today Students Will: Participate in Today Students Will: Participate in role play activities and create a flow role play activities and create a flow chart to depict the details and chart to depict the details and significance of the following Supreme significance of the following Supreme Court cases:Court cases:

The United States Supreme The United States Supreme CourtCourt

Article 3 of the US ConstitutionArticle 3 of the US Constitution

The U.S.S.C. interprets the

Constitution and the Law

How did the How did the

Supreme Court under Supreme Court under

Chief Justice John Chief Justice John Marshall’sMarshall’s

leadership change leadership change AmericanAmerican

Government?Government?

Landmark Supreme Court Landmark Supreme Court Decisions during the Marshall Decisions during the Marshall

Years.Years. Three key court cases Three key court cases

include:include:

Marbury v. Marbury v. MadisonMadison

McCullock v. McCullock v. MarylandMaryland

Gibbons v. Ogden Gibbons v. Ogden

The United States Supreme Court under The United States Supreme Court under John MarshallJohn Marshall

((Marshall served as Chief Justice from 1801 to 1835)Marshall served as Chief Justice from 1801 to 1835)

What is the term of office for a Federal Judge (Article 3), and why is it different than the tenure of office

for the other two branches of government?

-A Federal Judge’s term of office is Retire/Expire

-The Framers of the Constitution wanted to insulate Judges from politics in order to make sure that Judges would

focus on the law and not popular appeal.

Marbury v. Madison (1803)Marbury v. Madison (1803) John Adams’ Midnight John Adams’ Midnight

AppointmentsAppointments Adams, as a Adams, as a lame ducklame duck president, president,

appointed several new judges on appointed several new judges on the eve of Jefferson’s inaugurationthe eve of Jefferson’s inauguration

The most famous appointment The most famous appointment was was John Marshall to Chief JusticeJohn Marshall to Chief Justice. .

William Marbury was appointed to William Marbury was appointed to a lower federal court.a lower federal court.

Marbury’s appointment was not Marbury’s appointment was not delivered before the change of delivered before the change of presidential administration.presidential administration.

The new Jefferson administration The new Jefferson administration refused to honor the appointment.refused to honor the appointment.

Marbury appealed to the S.C. to Marbury appealed to the S.C. to secure his judgeship.secure his judgeship.

Marbury v. Madison (1803)Marbury v. Madison (1803) John Adams’ Midnight John Adams’ Midnight

AppointmentsAppointments Marbury believed that CJ Marbury believed that CJ

Marshall would grant him the Marshall would grant him the judgeship because they were judgeship because they were both both federalistsfederalists..

Jefferson refused to grant the Jefferson refused to grant the judgeship regardless of what judgeship regardless of what the SC said.the SC said.

Fearing a constitutional crisis, Fearing a constitutional crisis, Marshall sacrificed Marbury Marshall sacrificed Marbury and carved out a new power and carved out a new power for the Supreme Court. for the Supreme Court.

Marshall & the SC declared Marshall & the SC declared the portion of the law that the portion of the law that granted Marbury his judgeship granted Marbury his judgeship UNCONSTITIONALUNCONSTITIONAL, Marbury , Marbury was denied his judgeship, but was denied his judgeship, but the SC gained the power of the SC gained the power of JUDICIAL REVIEW JUDICIAL REVIEW

It is emphatically the province and duty of the judicial department to

say what the law is…Thus the particular phraseology of the

Constitution of the United States confirms and strengthens the

principle, supposed to be essential to all written constitutions, that a

law repugnant to the Constitution is void…

John Marshall, Marbury v. Madison

McCulloch v MarylandMcCulloch v Maryland

The state of Maryland attempted to tax a The state of Maryland attempted to tax a federal bank. federal bank.

At issue in this case was the At issue in this case was the supremacysupremacy of the federal government v States Rights. of the federal government v States Rights.

The Court The Court nullifiednullified Maryland’sMaryland’s state law & state law & established the established the supremacysupremacy of the federal of the federal government.government.

Gibbons v OgdenGibbons v Ogden At issue in this case was whether or not At issue in this case was whether or not

the State of New York had the legal the State of New York had the legal authority to grant one steamship authority to grant one steamship company a contract on an company a contract on an interstateinterstate waterway. waterway.

The Court clarified Federal authority The Court clarified Federal authority over over interstate commerceinterstate commerce when itwhen it nullified nullified New York State’s lawNew York State’s law..

Federal law is Federal law is SupremeSupreme over State Law. over State Law.

ConclusionConclusion How did the Supreme Court under Chief How did the Supreme Court under Chief

Justice John Marshall’s leadership change Justice John Marshall’s leadership change American Government?American Government? The Marshall court established the power of The Marshall court established the power of

Judicial ReviewJudicial Review (Unwritten Constitution) (Unwritten Constitution) Strengthened the Supreme Court (Checks & Strengthened the Supreme Court (Checks &

balances-Declaring laws balances-Declaring laws unconstitutionalunconstitutional)) Strengthened the power of the Federal Strengthened the power of the Federal

Government over the States (Government over the States (Federal Federal SupremacySupremacy) )

ConclusionConclusion The Marshall Court had a great impact on The Marshall Court had a great impact on

American society. Under Marshall the American society. Under Marshall the Supreme Court strengthened the Supreme Court strengthened the authority of the Federal Government as authority of the Federal Government as well as the power of the Supreme Court.well as the power of the Supreme Court.

Today Students Will:Today Students Will:

Participate in role play activities and Participate in role play activities and create a flow chart to depict the create a flow chart to depict the details and significance of the details and significance of the

following Supreme Court cases:following Supreme Court cases:

Marbury v. MadisonMarbury v. Madison

McCulloch v. MarylandMcCulloch v. Maryland

Landmark Supreme Court Landmark Supreme Court CasesCases

Marbury v. MadisonMarbury v. Madison

McCulloch v. MarylandMcCulloch v. Maryland

Marbury v. Madison:Marbury v. Madison:Case BackgroundCase Background

Election of 1800Election of 1800 Thomas Jefferson and the Thomas Jefferson and the Democratic-Republican Party replace John Adams and Democratic-Republican Party replace John Adams and the Federalist Partythe Federalist Party

Adams nominates dozens of federal judges but does Adams nominates dozens of federal judges but does not deliver all commissionsnot deliver all commissions Jefferson refuses to Jefferson refuses to deliver them via James Madison when he takes officedeliver them via James Madison when he takes office

Marbury v. MadisonMarbury v. MadisonConstitutional IssueConstitutional Issue

John Marbury petitioned John Marbury petitioned the S.C. for a the S.C. for a petition of petition of mandamusmandamus to force to force Madison to deliver his Madison to deliver his commission.commission.

Could the Supreme Could the Supreme Court force the Court force the Executive Branch to Executive Branch to take such action?take such action?

Marbury v. MadisonMarbury v. MadisonQuestions Before the CourtQuestions Before the Court

Was Marbury legally appointed? Was Marbury legally appointed? YesYes

Was the Judiciary Act of 1789—the Was the Judiciary Act of 1789—the law that gave the court power to law that gave the court power to issue a writ—legal? issue a writ—legal? NONO

Marbury v. MadisonMarbury v. MadisonThe DecisionThe Decision

By declaring the By declaring the Judiciary Act of Judiciary Act of

1789 1789 unconstitutional, unconstitutional,

the Supreme Court the Supreme Court established its right established its right

to review the to review the actions of the other actions of the other

two branches.two branches.

McCulloch v. MarylandMcCulloch v. MarylandCase BackgroundCase Background

In 1816, Congress In 1816, Congress established the Second established the Second National Bank.National Bank.

States opposed the States opposed the opening of branches opening of branches throughout the country.throughout the country.

McCulloch v. MarylandMcCulloch v. MarylandConstitutional IssueConstitutional Issue

Maryland passed a $1500 tax on the bank which Maryland passed a $1500 tax on the bank which James McCulloch of the Baltimore branch refused to James McCulloch of the Baltimore branch refused to pay.pay.

McCulloch was sued by MD and took his case to the McCulloch was sued by MD and took his case to the Supreme CourtSupreme Court

McCulloch v. MarylandMcCulloch v. MarylandQuestions Before the CourtQuestions Before the Court

Did the Congress have the power to Did the Congress have the power to establish a bank? establish a bank? YesYes

Did Maryland have the power to tax Did Maryland have the power to tax the National Bank? the National Bank? No No

McCulloch v. MarylandMcCulloch v. MarylandThe DecisionThe Decision

Supreme Court Supreme Court ruling base on the ruling base on the elasticelastic and and supremacy supremacy clauses.clauses.

It could be deemed It could be deemed “necessary and “necessary and proper” that proper” that Congress create a Congress create a bank and because bank and because the national govt is the national govt is supreme, MD had supreme, MD had no right to tax it.no right to tax it.

Learning LogLearning Log

Which of the Supreme Court cases Which of the Supreme Court cases discussed in class today do you think discussed in class today do you think had the greatest impact on the had the greatest impact on the development of U.S. Government?development of U.S. Government?

Explain your choice!Explain your choice!

Procedures Procedures Divide into five groups each group take one of the Divide into five groups each group take one of the

following Supreme Court cases featured in the video: following Supreme Court cases featured in the video: Tinker v. Des Moines Independent School District (1969); Tinker v. Des Moines Independent School District (1969); Texas v. Johnson (1989); Miranda v. Arizona (1966); Board Texas v. Johnson (1989); Miranda v. Arizona (1966); Board of Education of Westside Community Schools v. Mergens of Education of Westside Community Schools v. Mergens (1990).(1990).  

Review the case assigned- Remember that the Supreme Court can find state and other laws to be constitutional or in violation of the U.S. Bill of Rights, in which case it may overturn them.   

1. In Texas v. 1. In Texas v. Johnson, the Johnson, the Supreme Court Supreme Court held that held that Johnson's Johnson's conviction for conviction for flag desecration flag desecration was inconsistent was inconsistent with the First with the First AmendmentAmendment

3. Miranda v. 3. Miranda v. Arizona upheld Arizona upheld safeguards that safeguards that ensure that a ensure that a person who has person who has been taken into been taken into custody may not custody may not be deprived of the be deprived of the Fifth Amendment's Fifth Amendment's privilege against privilege against self-incrimination.self-incrimination.

2. Tinker v. Des 2. Tinker v. Des Moines involved Moines involved three public three public school students school students who were who were suspended from suspended from school for school for wearing black wearing black armbands to armbands to protest the protest the government's government's policy in policy in Vietnam.Vietnam.

4. At the end of President John Adams’ term, his Secretary of State failed to deliver documents commissioning William Marbury as Justice of the Peace in the District of Columbia.  Once President Thomas Jefferson was sworn in, in order to keep members of the opposing political party from taking office, he told James Madison, his Secretary of State, to not deliver the documents to Marbury.  Marbury then sued James Madison asking the Supreme Court to issue a writ requiring him to deliver the documents necessary to officially make Marbury Justice of the Peace. The Marbury v. Madison decision resulted in establishment of the concept of judicial review.

Evaluation Evaluation

Use the following three-point rubric to evaluate students' work during this lesson. Use the following three-point rubric to evaluate students' work during this lesson. Three points: Three points: Students demonstrated a clear understanding of the Internet as a Students demonstrated a clear understanding of the Internet as a research tool; worked cooperatively to write a clear, concise summary of a Supreme research tool; worked cooperatively to write a clear, concise summary of a Supreme Court case and multiple-choice questions; and actively participated in the class Court case and multiple-choice questions; and actively participated in the class discussion on the Supreme Court's relevance to society today.discussion on the Supreme Court's relevance to society today.

Two points: Two points: Students demonstrated some understanding of the Internet as a Students demonstrated some understanding of the Internet as a research tool; worked somewhat cooperatively to write a clear, concise summary of research tool; worked somewhat cooperatively to write a clear, concise summary of their Supreme Court case and multiple-choice questions; and took some part in the their Supreme Court case and multiple-choice questions; and took some part in the class discussion on the Supreme Court's relevancy to society today.class discussion on the Supreme Court's relevancy to society today.

One point: One point: Students demonstrated little understanding of the Internet as a Students demonstrated little understanding of the Internet as a research tool; had trouble working cooperatively to write a clear, concise summary research tool; had trouble working cooperatively to write a clear, concise summary of their Supreme Court case and multiple-choice questions; participated little or not of their Supreme Court case and multiple-choice questions; participated little or not at all in the class discussion on the Supreme Court's relevance to society today.at all in the class discussion on the Supreme Court's relevance to society today.

DirectionsDirections Take your assigned court case and Take your assigned court case and

identify the following:identify the following:1. What is the key issue addressed1. What is the key issue addressed

2. Identify/summarize the case and include the 2. Identify/summarize the case and include the minority (dissenting opinion) and majority minority (dissenting opinion) and majority decisionsdecisions

3. What impact on society did the decision 3. What impact on society did the decision have?have?

4. Create a graphic to symbolize the impact of 4. Create a graphic to symbolize the impact of your caseyour case

**You must use at least 3 sites to research **You must use at least 3 sites to research your case!your case!

Projects are to be 6-10 slides!!- 3 web layersProjects are to be 6-10 slides!!- 3 web layers

Landmark CasesLandmark CasesPlessy v. Fergusen Plessy v. Fergusen

Engel v. Vitale Engel v. Vitale

Miranda v. ArizonaMiranda v. Arizona

Brown v. Board of EducationBrown v. Board of Education

Mapp v. Ohio Mapp v. Ohio

Tinker v. Des Moines Tinker v. Des Moines

Korematsu v. U SKorematsu v. U S

Dredd Scott v. Sanford Dredd Scott v. Sanford

Gideon v. WainwrightGideon v. Wainwright

Marbury v. MadisonMarbury v. Madison

Susan B. Anthony v. USSusan B. Anthony v. US

Texas v. JohnsonTexas v. Johnson

Furman v. GeorgiaFurman v. Georgia

Munn v. IllinoisMunn v. Illinois

Board of Educ…, Island Trees School District v. Board of Educ…, Island Trees School District v. Pico-Pico-

Suggested sites to be used for Suggested sites to be used for researchresearch

www.landmarkcases.orgwww.landmarkcases.org www.digitalhistory.uh.edu/supreme_court/www.digitalhistory.uh.edu/supreme_court/

supreme_court.cfmsupreme_court.cfm http://www.oyez.org/oyez/portlet/directory/http://www.oyez.org/oyez/portlet/directory/ http://www.socialstudieshelp.com/http://www.socialstudieshelp.com/

CourtCases.htmCourtCases.htm http://www.infoplease.com/ipa/A0873869.htmlhttp://www.infoplease.com/ipa/A0873869.html http://www.supremecourtus.gov/http://www.supremecourtus.gov/ http://en.wikipedia.orghttp://en.wikipedia.org http:www.constitutioncenter.orghttp:www.constitutioncenter.org

Test Your KnowledgeTest Your KnowledgeThe photograph below illustrates an event in U.S. history. What was Congress' response

to the social movement symbolized in the photograph?

A. decreased commerce opportunitiesB. increased economic opportunitiesC. increased religious opportunitiesD. decreased military opportunities

Test Your Knowledge Test Your Knowledge The newspaper below details an important step in amending the U.S. Constitution.

How did the passage of this amendment to the U.S. Constitution impact the political process in the United States?

A. Women were allowed to contribute to political campaigns.B. Women were allowed to hold citizenship rights.C. Women were allowed to hold public offices.D. Women were allowed to vote in national elections.

The timeline below shows events related to the death penalty.

What constitutional protections have resulted from these events?A. Constitutional protections from cruel and unusual punishment are safeguarded while executions continue.B. Constitutional protections from cruel and unusual punishment are limited while executions continue.C. Constitutional protections of due process of law are safeguarded while executions continue.D. Constitutional protections of due process of law are limited while executions continue.