Chapter 4 The Supreme Court and the ConstitutionSection 1Judicial Review

Constitutional Termslandmark- event that marks a turning pointcommission- authorization to perform certain dutieswrit of mandamus- document that requires a public official to perform certain dutiesEx Parte- on behalf of

Constitutional Terms Cont.precedent- legal decision that influences the rulings of later caseswrit of habeas corpus- court order requiring the government to release a prisoner unless good cause can be shownjurisdiction- area of authority

Main IdeasWhat does the Constitution say about the Supreme Courts power of judicial review?

-The Constitution does not specify the powers of the Supreme Court

Main IdeasWhat arguments did John Marshall use to support his opinion in the case of Marbury v. Madison?

- Marshall ruled that the Supreme Courts power to issue a writ of mandamus was unconstitutional because only the Constitution (not Congress) should be able to give the Court this power. The Constitution said nothing about this.

Main IdeasHow did the 14th Amendment increase the power of the Supreme Court?

- increased its jurisdiction they were allowed to declare state laws unconstitutional as well as federal laws

Chapter 4The Supreme Court and the Constitution

Section 2

First Amendment Freedoms

Constitutional Termsestablishment clause - a part of the 1st Amendment prohibiting the government from setting up a national religionfree exercise clause - part of the 1st Amendment prohibiting government from interfering with peoples religious beliefslibel - publication of statements that wrongfully damage an individuals reputation

Supreme Court CasesWisconsin v. Yoder- religionSchenck v. United States- speechNew York Times v. Sullivan- pressGitlow v. New York- speechEngel v. Vitale- religion

Main IdeasIn what two ways does the 1st Amendment protect freedom of religion?

- NO national religion- free exercise of religion

Main IdeasWhat kinds of speech has the Court refused to protect under the 1st Amendment?

- speech that threatens others or social order

Main IdeasHow did the Supreme Court decision in New York Times Co. v. Sullivan affect freedom of the press?

- it set constitutional limits on libel law- expanded the protections of the press to allow criticism of public officials

Engel v. VitaleGovernment should not be writing prayers and religious exercises should not be conducted in public schools