How has the Supreme Court decided cases related to the Bill of Rights?
Identify the Supreme Court's role in protecting civil liberties.
Explain how the Supreme Court's role has changed over time.
Essential Vocabulary
Civil Liberties: Freedoms government cannot restrict.
Due Process Clause: Part of the 14th Amendment ensuring no person is deprived of life, liberty, or property without due process.
Enumerated Powers: Powers specifically listed in the Constitution.
Excluded: Left out or omitted.
14th Amendment: Adopted in 1868, granting citizenship and equal rights to Black Americans and former enslaved people.
Implied Powers: Government powers not explicitly listed.
Incorporation: Doctrine applying Bill of Rights amendments to state governments.
Precedents: Earlier laws or decisions considered in future cases.
Evolution of the Supreme Court's Role
Initially focused on government powers rather than individual rights.
Recent decades have seen it become a defender of civil liberties.
This change has increased expectations for individual rights but also led to controversy.
Limited Government and the Supreme Court
Originally, the Bill of Rights limited only the federal government, reflecting federalism.
Barron v. Baltimore (1833): Confirmed the Bill of Rights applied only to the national government.
Marbury v. Madison (1803): Expanded the Court's role to include determining constitutionality.
Separation of Powers and the Supreme Court
The Court's rulings are not necessarily the final interpretation of the Constitution.
Dred Scott v. Sandford (1857): Example of Court error according to Lincoln; all branches interpret the Constitution for liberty, equality, and justice.
Incorporation of the Bill of Rights
The 14th Amendment's due process clause led to applying the Bill of Rights to states.
Gitlow v. New York (1925): Applied First Amendment free speech against state violation.
Near v. Minnesota (1931): Extended freedom of the press to states.
Warren Court and Expansion of Civil Liberties
Under Warren Court (1953-1969), popularized the role of the Supreme Court as protector of individual rights.
Engel v. Vitale (1962): Banned school-sponsored prayer.
Abington School District v. Schempp (1963): Banned school-sponsored Bible reading.
Tinker v. Des Moines (1969): Protected students' right to free speech.
Protection of Rights of the Accused
Gideon v. Wainwright (1963): Right to an attorney for defendants.
Mapp v. Ohio (1964): Excluded illegally seized evidence.
Miranda v. Arizona (1966): Required Miranda warnings before questioning.
Key Decisions on Moral Issues
Griswold v. Connecticut (1965): Established a right to privacy, leading to Roe v. Wade (1973).
Lawrence v. Texas (2003): Invalidated laws banning homosexual acts.
Obergefell v. Hodges (2015): Recognized same-sex marriage as a right.
Supreme Court's Mixed Record
Has protected fundamental liberties but also exacerbated cultural and social disputes.
Increasingly viewed as the final arbiter of civil liberties and the Constitution.