New Jersey V T.L.O. (1985)

A high school girl was taken to the principal’s office for smoking in the lavatory. She denied smoking and claimed to be a nonsmoker. A search of her purse revealed not only cigarettes but also evidence that she was selling marijuana. In juvenile court, she said that the evidence came from an illegal search. Below are parts of the Supreme Court decision in her case.

After reading the case (copied below the questions ) answer the following questions:

1. Who's rights and needs (which two parties) did the courts seek to balance?

2. What new standard did the court set in this decision?

3. Based on this new standard, are random searches OK?

The following synopsis was taken from the New Jersey V T.L.O. (1985) Supreme Court decision.

We are faced initially with the question whether [the Fourth] Amendment’s prohibition on unreasonable searches and seizures applies to searches conducted by public school officials. We hold that it does . . .

To hold that the Fourth Amendment applies to searches conducted by school authorities is only to begin the inquiry into the standards governing such searches . . .

Students at a minimum must bring to school not only the supplies needed for their studies, but also keys, money, and the necessaries of personal hygiene and grooming. In addition, students may carry on their persons or in purses or wallets such nondisruptive yet highly personal items as photographs, letters, and diaries . . . There is no reason to conclude that they have necessarily waived all rights to privacy in such items merely by bringing them onto school grounds.

Against the child’s interest in privacy must be set the substantial interest of teachers and administrators in maintaining discipline in the classroom and on school grounds. Maintaining order in the classroom has never been easy, but in recent years, school disorder has often taken particularly ugly forms: drug use and violent crime in the schools have become major social problems . . .

How, then, should we strike the balance between the schoolchild’s legitimate expectations of privacy and the school’s equally legitimate need to maintain an environment in which learning can take place? . . .

We join the majority of courts that have examined this issue in concluding that the accommodation of the privacy interests of schoolchildren with the substantial need of teachers and administrators for freedom to maintain order in the schools does not require . . . that searches be based on probable cause . . . Rather, the legality of a search of a student should depend simply on the reasonableness, under all the circumstances, of the search . . . Under ordinary circumstances, a search of a student by a teacher or other school official will be . . . justified . . . when there are reasonable grounds for suspecting that the search will turn up evidence that the student has violated or is violating either the law or the rules of the school.

1st Amendment

The First Amendment of the US Constitution

“ Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. ”

“The Establishment Clause” of the first Amendment states:

"Congress shall make no law respecting an establishment of religion"

“The Free Exercise Clause” includes:

“or prohibiting the free exercise thereof... ”

Using what we have learned about the 1^st amendment to the constitution and looking at the Pledge of Allegiance below, work with a partner, taking the role of lawyers defending students who are in trouble because they refused to say the pledge (which was against their schools policy) and develop an argument to defend them using both the “Establishment” clause and “The Free Exercise” clause of the constitution. Refer to both the constitution and the pledge as you develop your arguments.

"I pledge allegiance to the flag of the United States of America and to the republic for which it stands: one nation under God, indivisible, with liberty and justice for all."

Bonus Questions: How would you change the Pledge to make it less vulnerable to your arguments and why would your suggestion work?

CH 5 - Assignments

Ch 5.1 – The Bill of Rights

A high school principal has reason to suspect some students of bringing weapons onto campus. After receiving a tip from a teacher, the principal searches the lockers of three students and finds a knife and a small handgun in one student’s locker. The other two lockers turn up nothing.

1. In this situation, what rights do the students assigned to these lockers have?

2. What rights does the principal, acting on behalf of the student body, have?

3. On a high school campus, should authorities be allowed to search student lockers whenever they want?

Section 5.2

After reading the section, answer these questions:

1. Explain the difference between civil liberties and civil rights. Give at least two examples of each.

2. Discuss the significance of the Fourteenth Amendment and of Gitlow v. New York in terms of American civil liberties and civil rights.

3. What is the role of the Supreme Court today? What happens when the Court overturns a decision made by a lower court?

Section 5.3

Read the section. Then complete the first row of the table on Notebook Handout 5 as follows:

• List the basic rights protected or guaranteed by the First Amendment.

• List and describe at least one Supreme Court case that acted as a precedent and helped further define this amendment.

• Create or find a simple symbol, illustration, or image to represent one right that this amendment guarantees.

Sections 5.4 to 5.6

For each amendment discussed in these sections, complete that row of the table on Notebook Handout 5. A shaded box indicates that no Supreme Court cases are related to that amendment. Identify a current news story or event, or a situation from your own life, in which rights are in conflict—either between two individuals, between an individual and society, or between an individual and the government.

Then do the following:

1. Briefly describe the situation.

2. Identify the rights held by one of the parties.

3. Identify the rights held by the opposing party.

4. Based on what you know about the Constitution, whose rights should take priority? Why?

Ch 4 - Constitution Questions

Ch 4 - Constitution Fact Questions

On a separate piece of paper answer the following constitution questions. They can all be found either in Ch 4 or in the text of the Constitution. Write out your answers in full sentences and list what article and section of the constitution your answer came from.

1. Your uncle just celebrated his 30th birthday. Can he run for the House of Representatives?
2. A candidate you strongly support was just elected senator. How many years must pass until this candidate can be reelected?
3. The media are reporting a raise in federal income tax for the coming year. Where did the proposal for this new tax originate?
4. Troops from a foreign country have invaded Oregon. Which branch of government has the power to declare war against this aggressor?
5. The United States and another country recently agreed to a treaty on arms reductions. Who has the power to make such a treaty with a foreign country?
6. The president appointed a new ambassador to Haiti. Who must approve this appointment before it can take effect?
7. A Supreme Court justice has announced her retirement. Who has the power to nominate a replacement?
8. The presidential candidate you favor has been called the “youngest person ever to run for president.” How old must this candidate be to qualify for the presidency?
9. You are disappointed the morning after Election Day to discover that the new president was not who you voted for. In how many years can you vote again?
10. If a vice president were to commit a federal offense, who has the power to impeach him or her? Who has the power to try the impeached official?
11. Who has the power to regulate trade between states?
12. What is the vice president’s only constitutional responsibility?
13. An argument has arisen between two states. Who has the power to settle this dispute?
14. After law school, your hope is to someday serve on the Supreme Court. How long would your term of service be?
15. In the 2000 presidential election, George Bush won by only 5 electoral votes. Who appointed the electors who cast those votes?
16. Who is the commander in chief of the U.S. military forces?
17. A law in your state was recently passed that contradicts a previous law passed by Congress. Which law does the Constitution say is valid?
18. A state’s governor recently denounced the U.S. government publicly during a speech. Can this governor be tried for treason?
19. There has been talk of a new amendment allowing foreign-born citizens to run for president. Who would have the power to propose this amendment?
20. Who has the power to approve or veto legislation?
21. What is the major characteristic of a Federal system of government?