Chief Justice Earl Warren1953- 1969

• “Warren Court” known for siding in favor of civil rights

Heart of Atlanta Motel- 1964

• Can the federal government order private businesses to desegregate?

Heart of Atlanta Motel- 1964 (9-0)• 1964 Civil Rights Act IS constitutional• Congress can legislate INTERSTATE COMMERCE

• (People from out of state could stay at the hotel)

Roe v. Wade- 1973

• Do states have the right to make laws regulating abortion?

Roe v. Wade- 1973 (7-2)• States may not ban abortions in first trimester• 14th Amendment- – nor shall any State deprive any person of life,

liberty, or property, without due process of law• “right to privacy” implied in 14th Amdmt

UCal v. Bakke (1978)• Is affirmative action constitutional?

Ucal v. Bakke 1978 (no majority)

• Universities may take race into account when making admissions, but….

• No “quotas”

The Warren Court and rights of the accused…

• DO YOU AGREE WITH BEN?

Mapp v. Ohio (1961)

• Can STATES use evidence obtained unconstitutionally in court?

• 4th Amendment applies to federal gov’t:– The right of the people to be secure in their

persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated….

Mapp v. Ohio (1961) (6-3)

• "all evidence obtained by searches and seizures in violation of the Constitution is, by [the Fourth Amendment], inadmissible in a state court."

Gideon v. Wainwright (1963)

• Do all defendants in all cases have a right to a defense attorney as required by the 6th amendment?– In all criminal prosecutions, the accused shall

….have the Assistance of Counsel for his defence

Gideon v. Wainwright (1963) (9-0)

• All citizens have a right to free counsel if they cannot afford it http://www.youtube.com/watch?v=nrcTqx3t8Gg

Miranda v Arizona

• Do authorities have to inform suspects of their constitutional rights before questioning them?– No person shall be …compelled in any criminal

case to be a witness against himself

Miranda v Arizona (5-4) (1966)

• Police must inform suspects of their rights at time of arrest http://www.youtube.com/watch?v=Irqj87lNL9E

• May not interrogate suspects who invoke their rights http://www.youtube.com/watch?v=4edZGi0w_z4

• Miranda was retried after the original case against him was thrown out, and this time the prosecution, instead of using the confession, called witnesses

• Miranda was convicted in 1967 and sentenced to serve 20 to 30 years.

• He was paroled in 1972. After his release, he returned to his old neighborhood and made a modest living autographing police officers' "Miranda cards" which contained the text of the warning, for reading to arrestees.

• He was stabbed to death during an argument in a bar on January 31, 1976.[5]

Engel v Vitale (1962)• Is it unconstitutional for

public schools to have prayer in class, even if it is not mandatory to participate?– Congress shall make no law

respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances

Engel v Vitale (1962) (6-1)• School was violating 1st Amendment provision

of separation of church and state (NO SCHOOL PRAYER)

• (even though not mandatory, it would put unwanted pressure on students)

Tinker v Des Moines School District 1969

Was the school suspending kids for wearing black armbands a violation of the first amendment or should the authorities of the school have this power?

Congress shall make no law …abridging the freedom of speech

Tinker v Des Moines School District (1969) (7-2)

• Wearing armbands was an exercise of freedom of speech

– (“Students do not shed their constitutional rights at the schoolhouse gate, and therefore are entitled to the free expression of their views as long as there is no substantial or material interference of the educational process.”)

New Jersey v T.L.O. 1985• Should the drugs found by the principalbe admissable as evidence?

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures…but upon probable cause

New Jersey v T.L.O. 1985 (6-3)

• School wins• Police need “probable cause” to search• Schools need only “reasonable suspicion”

Veronia School District v Acton 1995 (6-3)

• Is random drug testing of student athletes a violation of the 4th Amendment?

Veronia School District v Acton 1995 (6-3)

• Drug testing of students is constitutional

The decisions of the United States Supreme Court in Miranda v. Arizona, Gideon v. Wainwright, and Escobedo v. Illinois all advanced the

1. voting rights of minorities2. guarantees of free speech and press3. principle of separation of church and state4. rights of accused persons

Under Chief Justice Earl Warren, the Supreme Court was considered "activist" because of its

1. reluctance to overturn state laws2. insistence on restricting freedom of speech

to spoken words3. expansion of individual rights in criminal

cases4. refusal to reconsider the issues of the Plessy

v. Ferguson case

The Supreme Court cases of Tinker v. Des Moines and New Jersey v. TLO involved the issue of

1. freedom of the press2. the rights of students in school3. freedom of religion4. the rights of prison inmates

“We conclude that in the field of public education the doctrine of ‘separate but equal’ has no place. Separate educational facilities are inherently unequal.”—Brown v. Board of Education(1954)

Which constitutional idea was the basis for this Supreme Court decision? 

1.protection against double jeopardy2.equal protection of the law3.freedom of speech4.right of assembly

Impact of the Supreme Court

• Which case do you think had the largest impact in society? In your view, was it positive or negative?

• Do you disagree with any of the decisions? Why?

LBJ’s “Great Society

• LBJ- JFK’s Vice President• Wins 1964 election v. Barry Goldwater– http://www.youtube.com/watch?v=63h_v6uf0Ao

Great Society

• LBJ- declares “War on POVERTY”• Laws to help disadvantaged and poor• Most active since FDR’ New Deal