Chapter 4 The Supreme Court and the Constitution

Section 1 Judicial Review

Constitutional Terms

       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  - “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

Main Ideas

 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

 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

 How did the 14 th Amendment increase the power of the Supreme Court?

 - 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  Section 2  First Amendment Freedoms

Constitutional Terms

      establishment clause - a part of the 1 st Amendment prohibiting the government from setting up a national religion free exercise clause - part of the 1 government from interfering with people’s religious beliefs st Amendment prohibiting libel - publication of statements that wrongfully damage an individual’s reputation

Supreme Court Cases

          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

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

 - NO national religion  - free exercise of religion

Main Ideas

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

 - speech that threatens others or social order

Main Ideas

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

affect  - it set constitutional limits on libel law  - expanded the protections of the press to allow criticism of public officials

Engel v. Vitale

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