Chapter 4 Chapter 4 The Supreme Court and The Supreme Court and

the Constitutionthe Constitution

Section 1Section 1

Judicial ReviewJudicial Review

Constitutional TermsConstitutional Terms

landmarklandmark - event that marks a turning point- event that marks a turning point commissioncommission - authorization to perform certain duties- authorization to perform certain duties writ of mandamuswrit of mandamus - document that requires a public official - document that requires a public official

to perform certain dutiesto perform certain duties Ex ParteEx Parte

- “on behalf of”- “on behalf of”

Constitutional Terms Cont.Constitutional Terms Cont.

precedentprecedent- legal decision that influences the - legal decision that influences the

rulings of later casesrulings of later caseswrit of habeas corpuswrit of habeas corpus- court order requiring the - court order requiring the

government to release a prisoner government to release a prisoner unless good cause can be shownunless good cause can be shown

jurisdictionjurisdiction- area of authority- area of authority

Main IdeasMain Ideas

What does the Constitution say about What does the Constitution say about the Supreme Court’s power of judicial the Supreme Court’s power of judicial review?review?

-The Constitution does not specify the -The Constitution does not specify the powers of the Supreme Courtpowers of the Supreme Court

Main IdeasMain Ideas

What arguments did John Marshall use to What arguments did John Marshall use to support his opinion in the case of support his opinion in the case of MarburyMarbury v. Madison?v. Madison?

- - Marshall ruled that the Supreme Court’s power Marshall ruled that the Supreme Court’s power to issue a writ of mandamus was to issue a writ of mandamus was unconstitutional because only the Constitution unconstitutional because only the Constitution (not Congress) should be able to give the Court (not Congress) should be able to give the Court this power. The Constitution said nothing about this power. The Constitution said nothing about this.this.

Main IdeasMain Ideas

How did the 14How did the 14thth Amendment Amendment increase the power of the Supreme increase the power of the Supreme Court?Court?

- increased it’s jurisdiction – they were - increased it’s jurisdiction – they were allowed to declare state laws allowed to declare state laws unconstitutional as well as federal lawsunconstitutional as well as federal laws

Chapter 4Chapter 4The Supreme Court and the The Supreme Court and the

ConstitutionConstitution

Section 2Section 2

First Amendment FreedomsFirst Amendment Freedoms

Constitutional TermsConstitutional Terms

establishment clauseestablishment clause - a part of the 1- a part of the 1stst Amendment prohibiting Amendment prohibiting

the government from setting up a national the government from setting up a national religionreligion

free exercise clausefree exercise clause - part of the 1- part of the 1stst Amendment prohibiting Amendment prohibiting

government from interfering with people’s government from interfering with people’s religious beliefsreligious beliefs

libellibel - publication of statements that wrongfully - publication of statements that wrongfully

damage an individual’s reputationdamage an individual’s reputation

Supreme Court CasesSupreme Court Cases

Wisconsin v. YoderWisconsin v. Yoder - religion- religion Schenck v. United StatesSchenck v. United States - speech- speech New York Times v. SullivanNew York Times v. Sullivan - press- press Gitlow v. New YorkGitlow v. New York - speech- speech Engel v. VitaleEngel v. Vitale - religion- religion

Main IdeasMain Ideas

In what two ways does the 1In what two ways does the 1stst Amendment protect freedom of Amendment protect freedom of religion?religion?

- NO national religion- NO national religion- free exercise of religion- free exercise of religion

Main IdeasMain Ideas

What kinds of speech has the Court What kinds of speech has the Court refused to protect under the 1refused to protect under the 1stst Amendment?Amendment?

- speech that threatens others or - speech that threatens others or social ordersocial order

Main IdeasMain Ideas

How did the Supreme Court decision in How did the Supreme Court decision in New York Times Co. v. SullivanNew York Times Co. v. Sullivan affect affect freedom of the press?freedom of the press?

- it set constitutional limits on libel law- it set constitutional limits on libel law- expanded the protections of the - expanded the protections of the

press to allow criticism of public press to allow criticism of public officialsofficials

Engel v. VitaleEngel v. Vitale

Government should not be writing Government should not be writing prayers and religious exercises prayers and religious exercises should not be conducted in public should not be conducted in public schoolsschools