EOC Supreme Court Cases

Prior to any questioning, the person must be warned that he has a right to remain silent, that any statement he does make may be used as

evidence against him, and that he has a right to the presence of an attorney, either retained or appointed.

—from Supreme Court ruling

The passage shown is taken from a landmark 1966 Supreme Court ruling.

What is the name of the ruling from which this passage was taken?

• In re Gault

• Gideon v Waintright

• Tinker v Des Moines

• Miranda v Arizona

Today, the federal judiciary, headed by the Supreme Court, is regarded as a co-equal branch of the federal government, along with Congress and the Executive Branch. But in the first decade of the new republic—from 1790 to 1800—it was very much a junior partner. The Court’s present-day status —and indeed, the present day status of the federal judiciary—is due in large part to John Marshall, who served as Chief Justice for thirty-four years— from 1801 until 1835.

—Chief

Justice William H. Rehnquist, May 8, 2001

⁴⁴ The remarks

shown were given by Chief Justice Rehnquist.

• The Constitution gave equal power to all three branches of government.

• The judicial branch of government is not mentioned in the Constitution.

• The power of judicial review is not explicitly granted in the Constitution.

• The judicial branch of government is much more powerful than the other two branches.

Which important principle was reinforced by the Supreme Court ruling in United States v. Nixon (1974)?

• habeas corpus

• rule of law

• separation of powers

• executive privilege

What was an outcome of the Supreme Court’s 1954 decision in Brown v. Board of Education?

• Segregation was lawful as long as blacks and whites were treated equally.

• The right of public school students to free speech was strengthened.

• States were ordered by the federal government to desegregate public schools.

• Separate facilities for blacks and whites were not unconstitutional.

What happened in American schools after the 1954 U.S. Supreme Court decision in Brown v. Board of Education?

• States could continue segregation as long as facilities were separate but equal.

• Individuals of different races voluntarily stopped all forms of school segregation.

• The federal government ordered that states desegregate classes.

• Desegregation was ordered for only high schools.

Following the 1966 Supreme Court decision in Miranda v. Arizona, police began informing people placed under arrest that they "have the right to remain silent." What basic freedom is this meant to protect, and how does it affect arrested individuals?

• The right to freedom of speech; it provides them with the ability to speak to their attorneys without fear of incrimination.

• The protection against self-incrimination; it informs them that speaking to law enforcement could incriminate them.

• The protection of due process; it prevents convicted offenders from receiving cruel and unusual punishments.

• The right to freedom of assembly; it prevents law enforcement from asking them questions without the presence of an attorney.

What was the holding of Gibbons v Ogden?

• that the judicial branch can determine if a law or action is unconstitutional

• that only Congress can regulate interstate commerce

• that only the Federal government can enter into treaties with Native American tribes

• that the implied powers of the federal government are constitutional

Which of the below is an effect of the Supreme Court's holding in Gideon v Wainwright?

• a homeless man arrested for vagrancy is provided a lawyer to defend himself

• a jury must be impartial and made up of your peers in the community

• that the press may cover trials to keep the justice system accountable

• that you may not scream fire in a crowded theater

Which of the following is most likely the result of the holding in Tinker v Des Moines?

• you have the right to remain silent during interrogation by police

• a student objected to his bag being searched prior to entering school

• executive privilege does not apply in cases not involving national security

• the student newspaper published an article critical of the school board and mayor

President Nixon claimed executive privilege over the audio tapes of his meetings. How did the Supreme Court respond?

• the Supreme Court gave broad deference to the President's invocation of privilege

• the Supreme Court reviewed the tapes and determined national security would be severely harmed if the tapes were released

• the Supreme Court declined the case because it did not have original jurisdiction to hear a case involving ambassadors

• the Supreme Court said that where the evidence was required for a criminal investigation and national security was not involved, the tapes must be released