The American Odyssey

1. The American Odyssey Chapter 21 – The Kennedy Years Section 2 – The Supreme Court and Civil Liberties

2. Main Idea of the Section • Between 1954 and 1969, the Supreme Court handed down a series of decisions that brought far-reaching changes to the meaning and protection of civil liberties in the United States.

3. Vocabulary of the Section • Reapportionment • Due process

4. The Supreme Court

5. Prior Knowledge of the Supreme Court • The highest court in the land. • The court is made up of 9 justices. • Each justice holds their position until they decide to relinquish it. • Each justice is appointed by the President of the United States. • Then confirmed by the United States Senate.

6. The Court’s Authority(p. 714) • The Supreme Court has become stronger throughout history. • In the beginning, the Court ruled on whether the law had been broken. • In 1803 the Court expanded its powers by taking on the role of judging the constitutionality of laws. • The power of judicial review began under John Marshall, one of the leaders of the Federalist movement.

7. The Court’s Authority(p. 714) • When Eisenhower appointed Chief Justice Earl Warren, a further question was raised: • Should the Court have had a hand in making the country a better, safer, and fairer place?

8. The Court’s Authority(p. 714) • Warren and the decisions rendered by his Court answered a resounding “yes” to an activist judiciary. • No Supreme Court in history of the United States went further in making reform it business than the Warren Court.

9. What do you think? • What do you think when you hear the term activist judge? Chief Justice Earl Warren

10. The Warren Court(p. 714-717) • Prior to becoming a Supreme Court Justice, Earl Warren served as the Attorney General and Governor of California. • When Eisenhower appointed Warren to the Court, he thought he was appointing a conservative – but over the years Warren became more liberal.

11. The Warren Court(p. 714-717) • The Warren Court era of liberal activism was launched by the Brown v. Board of Education decision. • People periodically discussed the impeachment of Chief Justice Warren, but later justice appointment s were likely to side with Warren.

12. The Warren Court(p. 714-717) • Baker v. Carr • Residents of Memphis, Tennessee complained their votes were worth less than rural residents. • The Court deiced to hear the case and established federal authority to oversee that state voting districts ensured equal representation. • “One person, one vote” • Warren called this his most important case.

13. The Warren Court(p. 714-717) • The Baker case involved the Court in matters of reapportionment. • The redrawing of voting districts in a way that affects the number of representatives assigned to a group of people. • The ruling in the case opened the door for what had previously been seen as “political” issue outside the courts decision.

14. The Warren Court(p. 714-717) • In Los Angeles County there was 1 Representative for approximately 6 million residents. • In Dade County, the largest county in Florida, there was only 4 state representatives out of 133.

15. The Warren Court(p. 714-717) • In 1962 Earl Warren and Hugo Black – known religious men – led the Court in banning prayer in public schools. • In Engel v. Vitale the Court ruled a nondenominational prayer drafted by the State of New York and read voluntary in classrooms is unconstitutional.

16. The Warren Court(p. 714-717) • In three separate cases, Warren – a former prosecutor – defended due process as it related to people accused of a crime • These included: • Gideon v. Wainwright • Escobedo v. Illinois • Miranda v. Arizona

17. The Warren Court(p. 714-717) • Gideon v. Wainwright (1963) • Established that people accused of a crime have the right to a lawyer, even if they cannot afford one.

18. The Warren Court(p. 714-717) • Escobedo v. Illinois (1964) • Ruled that people have the right to a lawyer from the time of arrest or when they become subject of a criminal investigation.

19. The Warren Court(p. 714-717) • Miranda v. Arizona (1966) • Required that accused people be informed of their right to a lawyer and their right not to testify against themselves.