Ch. 11 May It Please the Court

What was the significance of the U.S. Supreme Court decision in Marbury v. Madison (1803)?

• It gave the Court the power to mediate disputes between different states.

• It gave the Court original jurisdiction in disputes involving foreign governments.

• It established the power of the Court to declare an act of Congress unconstitutional.

• It established the right of the Court to advise Congress in advance on the validity of proposed laws.

Answer explanation

The concept of judicial review is the principle that the Supreme Court has the power to rule that laws passed by Congress are unconstitutional and that it can invalidate (cancel/overturn) them.

Which statement describes the significance of the U.S. Supreme Court's decision in Miranda v. Arizona (1966)?

• Southern states could no longer maintain racially segregated public schools.

• States could no longer have racial quotas as part of their affirmative action programs.

• Individuals accused of serious crimes unable to pay for an attorney were entitled to a state-sponsored one.

• Suspects had to be told of their right to have an attorney present or to remain silent during police interrogations.

Answer explanation

This is where the saying, "Miranda rights" comes from. At the point of arrest your 5th/6th amendment rights must be verbally disclosed to you. . . These rights include those in the 5th amendment (no self incrimination) and 6th (right to a free attorney).

The passage below is from the U.S. Supreme Court decision in Dred Scott v. Sandford (1857)

Based on this reasoning, what did the Supreme Court conclude?

• African Americans should seek justice in the state courts rather than in the federal courts.

• The practice of slavery clearly violates the U.S. Constitution, but African Americans still have no rights in court.

• The Court has no jurisdiction over the case because an African American has no right to sue in federal court.

• African Americans have a right to file lawsuits in Northern states, where slavery is prohibited, but no in Southern states where slavery is permitted.

Which statement identifies the significance of the U.S. Supreme Court decision in Brown v. Board of Education (1954)?

• It overturned racial segregation in public schools.

• It overturned the earlier decision of Gideon v. Wainwright.

• It upheld state laws requiring the payment of poll taxes to vote.

• It upheld state laws requiring racial segregation on railroad cars.

Answer explanation

This case was the beginning to the end of racial segregation in public places in the United States. It overturned the earlier decision of Plessy v. Ferguson.

In which U.S. Supreme Court decision did Chief Justice John Marshall establish the power of the Court to invalidate a "law repugnant to(in conflict with) the Constitution?"

• U.S. v. Nixon

• Miranda v. Arizona

• Marbury v. Madison

• Brown v. Board of Education

Answer explanation

The principle of judicial review reviews laws as unconstitutional or constitutional. John Marshall was the justice on this case.

What lesson did state courts learn from the 1963 U.S. Supreme Court case Gideon v. Wainwright

• Minors are entitled to many of the same "due process" rights as adults

• Evidence cannot be presented in a court trial if obtained by police in an unlawful search.

• Suspects must be informed of their 5th and 6th amendment rights prior to police interrogation

• A person accused of a felony who cannot afford an attorney is entitled to have one appointed by the court.

Answer explanation

This case was interesting because even though the crime was committed, the suspect was denied his right to a free attorney (court appointed attorney) as defined in the 6th amendment of the constitution. Therefore, his case was deemed unconstitutional.

The passage below is from the U.S. Supreme Court decision in In re Gault (1967). Which conclusion did the Court draw from this reasoning?

• Evidence cannot be presented in a court of law if obtained by police in an unlawful search.

• States must provide minors accused of crimes with most of the same "due process" rights given to adults.

• Suspects must be informed of their Fifth and Sixth Amendment rights prior to police interrogation.

• A person accused of a felony who is unable to afford an attorney is entitled to have one provided by the court.

Answer explanation

Due Process rights include:

1. timely notice of criminal charges

2. the right to face and question witnesses

3. the right against self-incrimination

4. the right to counsel (an attorney)

5. the right to a transcript (typed and recorded) of the proceedings

6. the right to appellate review.

The passage below is from the U.S. Supreme Court decision in Plessy v. Ferguson (1896). What was the impact of the reasoning above?

• Racial segregation remained in place in the South for another half century.

• Southern state governments were forced to end their practice of racial segregation.

• State governments had to ensure the economic and social equality of their residents.

• State governments no longer had to provide equal facilities to members of different races.

Answer explanation

The decision in the favor of Ferguson "Jim Crow" laws that were in place during this time period, stating that the as long as segregation is separate but equal that it could continue to exist. Segregation continued in the southern states for many years due to the outcome of this case. This case would be overturned 50 years later in the Brown v. The Board of Education case.

The timeline below shows several Supreme Court cases and constitutional amendments.

Which conclusion can be drawn from the events shown on the timeline?

• The Supreme Court has never reversed its earlier decisions.

• State courts are not required to follow the decisions of the Supreme Court.

• The Supreme Court's interpretation of the Constitution may be changed by later decisions or amendments.

• The institution of slavery and racial segregation were both ended by the decisions of the Supreme Court.

The passage below is from the U.S. Supreme Court decision in Brown v. Board of Education (1954). What was the impact of this reasoning by the U.S. Supreme Court?

• Racial segregation was discontinued in public elementary schools but continued in higher grades.

• Southern states were forced to end all racial segregation in public schools.

• Southern states were required to ensure the economic and social equality of all races.

• Southern states could maintain separate schools for African-American and white children if they were of equal quality.

Answer explanation

Although option C seems like a possibility. . .the outcome did not ensure that all races would be socially and economically equal.