Do students have the right to freedom of expression? Are dress codes legal? Does the 4 th amendment...

Do students have the right to freedom of expression?

Are dress codes legal?

Does the 4th amendment protect students from searches without a warrant?

Can I be punished for something I did off school grounds?

The Bill of Rights and You

Congress makes the

law

President carries out (enforces) the

law

Supreme Court interprets the

law

Marbury vs. Madison1803

Marshall would not rule on whether the appointment should have been delivered because he said the law on which he based his claim Judiciary Act of 1789 was illegal.

Marshall established the precedent for judicial review

Ruling:

Impact:

Power of the Supreme Court to determine whether or not an law enacted by Congress, or action taken by President, is Constitutional

Background: The Civil Rights Amendments & the Supreme Court

1787 – Northwest Ordinance- prohibited slavery in Northwest Territories1788- Ratification of the Constitution with 3/5 Compromise (many believe slavery is coming to an end)1793-Eli Whitney invents cotton gin – Southern economy becomes the Cotton Kingdom – increased demand for slave labor1803-Louisiana Purchase doubled the size of the United Sates and set stage for increased sectionalist tensions1819 – Missouri applies for admission as a slave state1820 Missouri Compromise – temporarily resolved conflict over slavery by maintaining balance of power1848- “Manifest Destiny” complete – Treaty of Guadalupe Hidalgo expands US border to pacific Ocean1850’s – Sectionalist tensions over slavery continue to build1857 – Dred Scott decision denies citizenship to all African Americans1860- Election of Abraham Lincoln1861- Secession of SC/formation of Confederate States/ Civil War begin1863- Emancipation Proclamation1865- End of Civil War includes passage of the 13th Amendment1868- Reconstruction policies mandate passage of the 14th Amendment1870- 15th Amendment – Black Male Suffrage

Dred Scott vs. Sanford1857

Compromise of 1820

Ruling:

Impact:

Dred Scott had no right to take his case to the Supreme Court because a slave was property .

1) No slave, or any person of African descent, were entitled to the rights of citizenship

2) Overturned the Compromise of 1820

Plessey vs. Ferguson1896

Ruling:

Impact:

14th amendment only applied to actions of the federal government

Separate facilities were legal so long as they were equal

Legalized segregation

Brown vs. Board of Education

1954

Ruling:

Impact:

“Separate but equal” facilities are inherently unequal

Overturned Plessey v. Ferguson

Made segregation illegal

What does the Supreme Court say about the Bill of

Rights and you?

Do students have freedom of expression?

Do students have a right to privacy?

Tinker vs. DeMoines1969

Ruling:

Impact:

Suspension was illegal.

Set precedent for school dress codes.

“Students do not leave their Constitutional rights at the school house gate”

Dress is speech, therefore protected. However, the it cannot be disruptive.

New Jersey vs. T.L.O1985

Ruling:

Schools must be “en loco parentis”

The 4th amendment DOES protect students against unreasonable searches…but the search was reasonable

Impact:

Established the distinction between reasonable and probable cause

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