Notes on Unit 5: The Judicial Branch
Supreme Court Overview
● Article III of the Constitution establishes the Supreme Court.
● Justices: Nominated by the President, confirmed by the Senate, serve lifetime terms
(leave after death or retirement).
○ Lifetime terms prevent Presidential influence over the judiciary.
● Structure:
○ 9 Justices on the Court.
○ Handles disputes between states and other significant cases, typically after lower
courts.
Jurisdiction
● Original Jurisdiction: Supreme Court directly tries cases (e.g., disputes between
states, cases involving ambassadors).
● Appellate Jurisdiction: Reviews decisions from lower courts (e.g., constitutional or
federal law issues).
Power Check: Judicial Review
● Established in Marbury v. Madison.
● The Supreme Court determines whether actions of the Executive or Legislative branches
align with the Constitution.
Ethics and Conduct
● In November 2023, the Supreme Court adopted its first Code of Ethics.
○ Addresses criticisms about gifts and trips but lacks enforcement mechanisms.
Key Supreme Court Cases
● Schenck v. United States (1919): Restricted free speech if it posed a "clear and
present danger."
● Engel v. Vitale (1962): Prohibited school-endorsed prayer under the First Amendment.
● Tinker v. Des Moines (1969): Protected students' free speech rights in schools.
● Lemon v. Kurtzman: Established the "Lemon Test" for evaluating laws affecting
religion.
● New York Times v. United States: Ruled against prior restraint, upholding press
freedom.
● Miller v. California: Defined obscenity through a 3-part test.
● Texas v. Johnson: Protected symbolic speech, including flag burning.
Constitutional Amendments Highlighted
, ● 2nd Amendment: Right to bear arms.
● 4th Amendment: Protection against unreasonable searches and seizures.
● 5th Amendment: Fair trial rights and protection against self-incrimination.
● 6th Amendment: Right to a speedy and public trial.
● 7th Amendment: Right to a jury trial in civil cases.
● 8th Amendment: Protection against cruel and unusual punishment.
Cases Related to Amendments
● Mapp v. Ohio (4th): Excluded illegally seized evidence in trials.
● Gideon v. Wainwright (5th): State must provide legal counsel to defendants.
● Miranda v. Arizona (5th): Established Miranda rights for criminal suspects.
Civil Rights and Equality
● Plessy v. Ferguson: Upheld segregation ("separate but equal").
● Brown v. Board of Education: Overturned Plessy, outlawed school segregation.
● Roe v. Wade: Recognized abortion rights (overturned in 2022 by Dobbs v. Jackson).
● Obergefell v. Hodges: Legalized same-sex marriage nationwide.
● Title IX: Prohibited sex-based discrimination in education, boosting women's sports.
● Americans with Disabilities Act (ADA): Protected individuals with disabilities from
discrimination.
Notes on Unit 4: The Executive Branch
Presidential Responsibilities
● Outlined in Article II of the Constitution.
Supreme Court Overview
● Article III of the Constitution establishes the Supreme Court.
● Justices: Nominated by the President, confirmed by the Senate, serve lifetime terms
(leave after death or retirement).
○ Lifetime terms prevent Presidential influence over the judiciary.
● Structure:
○ 9 Justices on the Court.
○ Handles disputes between states and other significant cases, typically after lower
courts.
Jurisdiction
● Original Jurisdiction: Supreme Court directly tries cases (e.g., disputes between
states, cases involving ambassadors).
● Appellate Jurisdiction: Reviews decisions from lower courts (e.g., constitutional or
federal law issues).
Power Check: Judicial Review
● Established in Marbury v. Madison.
● The Supreme Court determines whether actions of the Executive or Legislative branches
align with the Constitution.
Ethics and Conduct
● In November 2023, the Supreme Court adopted its first Code of Ethics.
○ Addresses criticisms about gifts and trips but lacks enforcement mechanisms.
Key Supreme Court Cases
● Schenck v. United States (1919): Restricted free speech if it posed a "clear and
present danger."
● Engel v. Vitale (1962): Prohibited school-endorsed prayer under the First Amendment.
● Tinker v. Des Moines (1969): Protected students' free speech rights in schools.
● Lemon v. Kurtzman: Established the "Lemon Test" for evaluating laws affecting
religion.
● New York Times v. United States: Ruled against prior restraint, upholding press
freedom.
● Miller v. California: Defined obscenity through a 3-part test.
● Texas v. Johnson: Protected symbolic speech, including flag burning.
Constitutional Amendments Highlighted
, ● 2nd Amendment: Right to bear arms.
● 4th Amendment: Protection against unreasonable searches and seizures.
● 5th Amendment: Fair trial rights and protection against self-incrimination.
● 6th Amendment: Right to a speedy and public trial.
● 7th Amendment: Right to a jury trial in civil cases.
● 8th Amendment: Protection against cruel and unusual punishment.
Cases Related to Amendments
● Mapp v. Ohio (4th): Excluded illegally seized evidence in trials.
● Gideon v. Wainwright (5th): State must provide legal counsel to defendants.
● Miranda v. Arizona (5th): Established Miranda rights for criminal suspects.
Civil Rights and Equality
● Plessy v. Ferguson: Upheld segregation ("separate but equal").
● Brown v. Board of Education: Overturned Plessy, outlawed school segregation.
● Roe v. Wade: Recognized abortion rights (overturned in 2022 by Dobbs v. Jackson).
● Obergefell v. Hodges: Legalized same-sex marriage nationwide.
● Title IX: Prohibited sex-based discrimination in education, boosting women's sports.
● Americans with Disabilities Act (ADA): Protected individuals with disabilities from
discrimination.
Notes on Unit 4: The Executive Branch
Presidential Responsibilities
● Outlined in Article II of the Constitution.
