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

ConstitutionConstitution

Section 5Section 5

Recurring Constitutional IssuesRecurring Constitutional Issues

Constitutional termsConstitutional terms

Capital PunishmentCapital PunishmentDeath PenaltyDeath PenaltyAffirmative ActionAffirmative ActionGiving favored treatment to certain groups Giving favored treatment to certain groups

i.e. – minorities and womeni.e. – minorities and womenReverse DiscriminationReverse DiscriminationUnfair treatment of a group of people as a Unfair treatment of a group of people as a

result of trying to help another group result of trying to help another group suffering from previous discriminationsuffering from previous discrimination

Constitutional Terms cont.Constitutional Terms cont.

QuotaQuotaNumber making up a proportional shareNumber making up a proportional shareJudicial ActivismJudicial ActivismWhat the court determines to be fair and What the court determines to be fair and

just based on the facts it has been givenjust based on the facts it has been givenJudicial RestraintJudicial RestraintBasing decisions on previous decisions Basing decisions on previous decisions

dealing with similar legal issuesdealing with similar legal issues

What cases reflect Judicial What cases reflect Judicial Restraint?Restraint?

Abington v. SchemppAbington v. Schempp

Furman v. GeorgiaFurman v. Georgia

Roe v. WadeRoe v. Wade

Main IdeasMain Ideas

On what grounds has the Supreme Court On what grounds has the Supreme Court ruled against laws allowing prayer in public ruled against laws allowing prayer in public

schools?schools?

That prayer in public schools violates the That prayer in public schools violates the establishment clause of the first establishment clause of the first AmendmentAmendment

Main IdeasMain Ideas

Why did the Supreme Court effectively Why did the Supreme Court effectively ban the death penalty in the U.S.?ban the death penalty in the U.S.?

Two judges said it was cruel and unusual Two judges said it was cruel and unusual punishment and three of them objected to punishment and three of them objected to the way it was appliedthe way it was applied

Main IdeasMain Ideas

In the Court’s views, when are racial In the Court’s views, when are racial quotas considered a form of reverse quotas considered a form of reverse

discrimination?discrimination?

Racial quotas are considered reverse Racial quotas are considered reverse discrimination in any program receiving discrimination in any program receiving federal fundsfederal funds

Main IdeasMain Ideas

In what ways has the Supreme Court In what ways has the Supreme Court limited a woman’s right to an abortion?limited a woman’s right to an abortion?

The Court has allowed states to ban The Court has allowed states to ban abortions in the final 3 months of abortions in the final 3 months of pregnancy AND a state may require a pregnancy AND a state may require a minor to tell one or both parents before minor to tell one or both parents before having an abortionhaving an abortion

Main IdeasMain Ideas

How is the philosophy of judicial activism How is the philosophy of judicial activism different from the philosophy of judicial restraint?different from the philosophy of judicial restraint?

Judicial activism favors Supreme Court Judicial activism favors Supreme Court involvement in decisions about social policy involvement in decisions about social policy

Judicial restraint is that the Supreme Court Judicial restraint is that the Supreme Court would leave public policy to Congress and the would leave public policy to Congress and the PresidentPresident

Engel v. Vitale – Supreme Court Engel v. Vitale – Supreme Court and school prayerand school prayer

The Supreme Court has strongly The Supreme Court has strongly supported the separation of church and supported the separation of church and state. All their rulings have argued that state. All their rulings have argued that the government cannot make laws that the government cannot make laws that violate the establishment clause of the 1violate the establishment clause of the 1stst AmendmentAmendment