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The Constitutional History Project: Team 4

Brown v. Board of Education Mapp v. Ohio Gideon v. Wainwright
by

Kristen Riedinger

on 12 December 2011

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Transcript of The Constitutional History Project: Team 4

Background o Clarence Earl Gideon was tried first in criminal court
o He was charged with felony for breaking and entering in Florida state court
o He was unable to hire a lawyer, so he asked the court to appoint council, and they refused, so Gideon conducted his own defense
o He was found guilty and sentenced to five years in prison
Powell v. Alabama (1932)
Betts v. Brady (1942) Clarence Earl Gideon Clarence Earl Gideon Basic Facts Justices Overview Unanimous
o Earl Warren: Voted with the majority
o Hugo L. Black: Wrote the majority opinion
o William O. Douglas: Wrote a regular concurrence
o Tom C. Clark: Wrote a special concurrence
o John M. Harlan: Wrote a special concurrence
o William J. Brennan, Jr.: Voted with the majority
o Potter Stewart: Voted with the majority
o Byron R. White: Voted with the majority
o Arthur J. Goldberg: Voted with the majority Earl Warren Hugo L. Black William O. Douglas Tom C. Clark Arthur J. Goldberg Gideon v. Wainwright (1963) John M. Harlan William J. Brennan, Jr. Potter Stewart Byron R. White Basic Issues o Earl Warren: Slightly liberal
o Hugo L. Black: Slightly liberal
o William O. Douglas: Heavily liberal
o Tom C. Clark: Moderate
o John M. Harlan: Conservative
o William J. Brennan, Jr.: Slightly liberal
o Potter Stewart: Slightly conservative
o Byron R. White: Moderate
o Arthur J. Goldberg: Moderate
Overall: Very slightly liberal Voting Supreme Court Justices, 1963 Decision The petitioner was Clarence Earl Gideon
The respondent was Louie. L Wainwright
While in jail, Gideon wrote a petition to the Supreme Court, asking them to review the decision his case received in a lower court
He claimed that the right of legal council (found in the Sixth Amendment) should apply equally to all states
The court accepted his petition Opinion Gideon's petition Majority Opinion, written by Hugo L. Black
'The Sixth Amendment provides, "In all criminal prosecutions, the accused shall enjoy the right . . . to have the Assistance of Counsel for his defence." We have construed [p340] this to mean that, in federal courts, counsel must be provided for defendants unable to employ counsel unless the right is competently and intelligently waived.'
'We think the Court in Betts had ample precedent for acknowledging that those guarantees of the Bill of Rights which are fundamental safeguards of liberty immune from federal abridgment are equally protected against state invasion by the Due Process Clause of the Fourteenth Amendment.'
View Differences Strict v. Interpretive Strict view: Gideon should've won because the amendment states that the accused shall have council in all criminal proceedings Fourth Amendment states "In all criminal prosecutions, the accused shall enjoy the right...to have the assistance of council for his defence" Interpretive view: Gideon should've won because the amendment applies to his case, due to the fact that it is considered a criminal prosecution Reasoning The Court held that Gideon had a right to be represented by a court-appointed attorney
Found that the guarantee of council in the Sixth Amendment was essential to a fair trial, which should be made applicable to the states through the Due Process Clause of the Fourteenth Amendment
Justice Black called it an "obvious truth" that a fair trial for a poor defendant could not be guaranteed without the assistance of counsel.
Group Analysis We agree with the decision
Without council, the defendant cannot properly defend themself
If one cannot afford legal council, it promotes inequality not to appoint one for them
"Lawyers in criminal courts are necessities, not luxuries."
Do deprive the defendant of a lawyer would violate the Sixth and Fourteenth Amendments Impact Gideon was found innocent
Decision extended in Argersinger v. Hamlin (1972) and Scott v. Illinois (1979)
Made many trials more fair because those who couldn't afford lawyer now had access to them Background Basic Issues Overview of Justices Voting Opinions View Differences Reasoning Group Analysis Impact Mapp v. Ohio (1961) A woman by the name of Dollree Mapp was at home when three police came to her house to search it
The police had no search warrent, so Mapp refused to let them in
The police came back and broke in, without a warrent, then there was a brief struggle
They found obscene material in the basement, which Mapp claimed was not hers
Mapp was found guilty and sentenced to eight years in prison
Weeks v. United States (1914)
Wolf v. Colorado (1949)
Elkins v. United States (1960)
Dollree Mapp Exclusionary rule: The principle that evidence that has been illegally seized by law enforcement officers is a violation of the suspect’s rights, so this evidence may not be used it Court
Issue was mainly whether this law applied to states or not
Mapp argued that convicting her with evidence found during an illegal search was a violation of the Fourth Amendment
State of Ohio hoped to keep from Mapp achieving her goal, or preventing her from getting out of prison
“The Fourteen Amendment does not forbid the admission of evidence obtained by an unreasonable search and seizure” was the ruling of the Wolf v. Colorado

• Earl Warren (Chief Justice), Hugo L. Black, Felix Frankfurter , William O. Douglas, and Tom C. Clark
• John M. Harlan: Frequently disagreed with liberal decisions, usually vote with the minority; conservative at the time
• William J. Brennan, Jr.: Most liberal and influential justice on the modern Supreme Court; more conservative than not, but in neutral range
• Charles E. Whittaker: Found decision-making impossible and excruciating; more conservative than not
• Potter Stewart: Often vote with liberal justices on First Amendment issues and sided with conservative justices on matters of equal protection; neutral range with very slight tilt toward conservative
Overall farily moderate but slightly liberal
Felix Frankfurter Charles E. Whittaker 6-3 vote
Majority Vote: Warren, Black, Douglas, Clark (wrote the majority opinion), Brennan, Stewart
Minority Vote: Frankfurt, Harlan, Whittaker
Majority opinion, written by Tom C. Clark: "All evidence obtained by searches and seizures in violation of the Constitution is, by [the Fourth Amendment], inadmissible in a state court."
Dissenting, written by John M. Harlan: " In any event, at the very least, the present case should have been set down for reargument, in view of the inadequate briefing and argument we have received on the Wolf point. To all intents and purpose,s the Court's present action amounts to a summary reversal of Wolf, without argument." Supreme Court Justices, 1961 Tom C. Clark John M. Harlan Strict V. Interpretive Fouth Amendment: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, whall not be violated, and no warrents shall issue, but upon probable cause... Strict view: Interpretive view: The 4th Amendment sets the standards for searches and seizures by law enforcement officials in the United States and the 14th Amendment, specifically the Due Process Clause, requires judges to uphold those standards in every State
The exclusionary rule applied to the states because the rights of the Fourth Amendment gave protection to the people against unreasonable searches, as well as the Due Process Clause of the Fourteenth Amendment • This court case was the first of the re-evaluation of the 14th Amendment, later to be called the “nationalization” of the 14th Amendment
• This case also ends the dispute over whether the 4th Amendment applies to the states (Weeks v. United States Wolf v. Colorado, Elkins v. United States, and then ending at Mapp v. Ohio)
• This case became the case that would set the standard that the exclusionary law always applies to the States, not just the Federal Government
Background Basic Issues Justices Voting Opinions View Differences Reasoning Group Analysis Impact Argued December 9th, 1952
Reargued December 8th, 1953
Decided May 17th, 1954
Oliver Brown sues school district in Topeka, Kansas
African-American children denied protection
A year before thirteen parents, including Oliver Brown, had unsuccessfully attempted to enroll their children in their all-white neighborhood schools
Plessy v. Fergson- doctrine of “separate but equal”
Oliver Brown The students represented in Brown v. Board of Education Mapp should've won because the Fourth Amendment includes the right of people to be secure in their houses Mapp should've won because the rights guarenteed in the Fourth Amendment overrule the guiltiness of the accused Agree
The State of Ohio, when infiltrating the house of Mapp, said they had a search warrant, when in reality they had none
They illegally obtained the obscene material
State used this illegally obtained evidence to support their standpoint, violating the fourth Amendment, which says illegally obtained material cannot be used in Court
Since this illegally obtained evidence was accepted, Mapp was sentenced to prison for 1 to 8 years A book about Gideon's Trial The appellants (petitioners) were Oliver Brown and several other parents of black schoolchildren
The appellee (respondent) was the Board of Education of Topeka, Kansas
Brown claimed that racial segregation in public schools denied black schoolchildren equal protection of the law as it was guaranteed by the Fourteenth Amendment. An integrated classroom First argued with Mr. Chief Justice Fred Vinson
Had heart attack, 1953 leaving Earl Warren to complete case
Warren became a successful leader by bringing the Brethren from division to complete agreement on the issue of racial inequality
Warren wrote the court’s majority opinion for this case
Associates Justices during the time of both Warren and Vinson were Hugo L. Black, Stanley Reed, Felix Frankfurter, William O. Douglas, Robert H. Jackson, Harold Burton, Tom C. Clark, and Sherman Minton
The general philosophic mood in the court was mostly moderate, but slightly liberal
Sherman Minton, Stanley Reed, Robert Jackson, and Harold Burton- all conservative
Felix Frankfurter, and Tom Clark- slightly conservative
Hugo Black- liberal
William Douglas- moderately liberal


Fred Vinson Unanimous
Earl Warren wrote the majority opinion
Hugo L. Black, Stanley Reed, Felix Frankfurter, William O. Douglas, Robert H. Jackson, Harold Burton, Tom C. Clark, and Sherman Minton voted with the majority

Stanley Reed Robert H. Jackson Harold Burton Sherman Minton Majority opinion, written by Chief Justice Earl Warren'
"The plaintiffs contend that segregated public schools are not "equal" and cannot be made "equal," and that hence they are deprived of the equal protection of the laws."
"We come then to the question presented: Does segregation of children in public schools solely on the basis of race, even though the physical facilities and other "tangible" factors may be equal, deprive the children of the minority group of equal educational opportunities? We believe that it does." Strict V. Interpretive The Fourteenth Amendment: No state shall...deny to any person within its jurisdiction the equal protection of the laws Strict: Interpretive: Strict view: Brown should've won because the amendment says that all people should have equal protection Interpretive view: Brown should've won because the school was considered in the states jurisdiction, therefore the amendment applied Agree
The segregation was “Unconstitutional"
Goes against amendment 14, which says all people within a state must have equal protection
Separate is not equal

• Laid foundation for shaping national and international laws and policies
• Changed the way people think of racism
• Still be issue with public education
• Clarified means of Fourteenth Amendment George E.C. Hayes, Thurgood Marshall, and James Nabrit after the decision was made Education perhaps the most important function of local government
Foundation of good citizenship
Court believes that segregation of children in public schools (based solely on race) deprive children from equal education opportunities
The constitutionality of segregation in public education
Segregation is denial of equal protection of the laws
Brown v. Board of Education (1954) Answers: 1. The Fourteenth and the Sixth
2. Hugo L. Black
3. Unanimous
4. Mapp was arguing that since no search warrant was presented in court, the police had no search warrant, and thus that searching her house illegally
5. The State of Ohio hoped to keep from Mapp achieving her goal, or preventing her from getting out of prison
6. They decided that the 4th Amendment sets the standards for searches and seizures by law enforcement officials in the United States and the 14th Amendment, specifically the Due Process Clause, and required the judges to uphold those standards in every State.
7. The 14th Amendment
8. Liberal: Black, Douglas,
Conservative: Reed, Jackson, Frankfurter, Burton, Clark.
9. 9-0, unanimous
10. Earl Warren “Amendment IV”. Photograph. Rock on the Law. Web. 07 Nov. 2011.
“Byron R. White”. Photograph. Michelariens.com . Web. 12 Nov. 2011.
“Charles E. Whittaker”. Photograph. Michelariens.com. Web. 11 Nov. 2011.
“Clarence Earl Gideon”. Photograph. PBS.org . Web. 13 Nov. 2011.
“Decisions”. Photograph. American History. Web. 11 Nov. 2011.
“Earl Warren.” Photograph. Michelariens.com Web. 07 Nov. 2011.
“Felix Frankfurter”. Photograph. Michelariens.com. Web. 13 Nov. 2011.
“Gavel and Scales”. Photograph. American History. Web. 12 Nov. 2011.
“Gavel”. . Photograph. Rock on the Law. Web. 07 Nov. 2011.
“GAVEL”. Photograph. PBS.org. Web. 12 Nov. 2011.
“Gavel”. Photograph. American History. Web. 13 Nov. 2011.
“George E.C. Hayes, Thurgood Marshall, and James Nabrit”. Photograph. The Library of Congress. Web. 13 Nov. 2011.
“Gideon’s Petition”. Photograph. American History. Web. 11 Nov. 2011.
“Gideon’s Trumpet”. Photograph. The Library of Congress. Web. 11 Nov. 2011.
“Harold Burton”. Photograph. Michelariens.com. Web. 07 Nov. 2011.
“Hugo Black.” Photograph. Michelariens.com. Web. 13 Nov. 2011.
“I agree”. Photograph. American History. Web. 13 Nov. 2011.
“Integrated Classroom”. Photograph. The Library of Congress. Web. 11 Nov. 2011.
“John M. Harlan”. Photograph. Michelariens.com. Web. 07 Nov. 2011.
“Oliver Brown”. Photograph. PBS.org .. Web. 11 Nov. 2011.
“Potter Stewart”. Photograph. Michelariens.com. Web. 11 Nov. 2011.
“Robert H. Jackson”. Photograph. Michelariens.com. Web. 13 Nov. 2011.
“Sherman Minton”. Photograph. Michelariens.com. Web. 12 Nov. 2011.
“Stanley Reed”. Photograph. Michelariens.com. Web. 07 Nov. 2011.
“Students”. Photograph. The Library of Congress. Web. 12 Nov. 2011.
“Supreme Court Justices (1963)”. Photograph. Rock on the Law. Web. 11 Nov. 2011.
“Supreme Court Justices, 1961”. Photograph. Rock on the Law. Web. 12 Nov. 2011.
“Supreme Court Seal”. Photograph. PBS.org.. Web. 13 Nov. 2011.
“The Supreme Court”. Photograph. Rock on the Law. Web. 07 Nov. 2011.
“The United States Constitution and Gavel”. . Photograph. The Library of Congress. Web. 13 Nov. 2011.
“The United States Constitution.” . Photograph. Rock on the Law. Web. 12 Nov. 2011.
“The United States Constitution”. Photograph. American History. Web. 11 Nov. 2011.
“The United States of America”. Photograph. The Library of Congress. Web. 13 Nov. 2011.
“Tom C. Clark.” Photograph. Michelariens.com. Web. 11 Nov. 2011.
“William J. Brennan, Jr.”. Photograph. Michelariens.com. Web. 13 Nov. 2011.
“William J. Goldberg”. Photograph. Michelariens.com. Web. 07 Nov. 2011.
“William O. Douglas”. Photograph. Michelariens.com. Web. 13 Nov. 2011.
The Constitutional History Project Works Cited
"ABA Division for Public Education: Students in Action: Debating the Rule of Law: Searching the Home of Dollree Mapp." American Bar Association. Web. 13 Nov. 2011.
Black, Mr. Justice. "Gideon v. Wainwright." Legal Information Institute. 15 Jan. 1963. Web. 13 Nov. 2011.
"Brown v. Board of Education." Cornell University Law School. Web. 03 Nov. 2011.
"Charles E. Whittaker." The Oyez Project at IIT Chicago-Kent College of Law | A Multimedia Archive of the Supreme Court of the United States. Web. 13 Nov. 2011.
"Civil Rights: Brown v. Board of Education I (1954)." National Center for Public Policy
Research - A Conservative Organization. Web. 31 Oct. 2011.
"Clarence Earl Gideon Trials: 1961 & 1963 - Gideon Appeals." Net Industries. Net Industries and Its Licensors. Web. 13 Nov. 2011.
"Conservative vs. Liberal Beliefs." Student News Daily. Web. 13 Nov. 2011.
“Decision." Brown v Board of Education. Web. 03 Nov. 2011.
“Earl Warren.” The Oyez Project at IIT Chicago-Kent College of Law. 04 November 2011.
"Early Civil Rights Struggles: Brown v. Board of Education." Www.watson.org. Web. 04 Nov. 2011.
"Equal Protection of the Law." Brown Foundation | For Educational Equity, Excellence and Research. Web. 01 Nov. 2011.
“Felix Frankfurter.” The Oyez Project at IIT Chicago-Kent College of Law. 04 November 2011.
"Gideon v. Wainwright." Infoplease. Pearson Education. Web. 13 Nov. 2011.
"Gideon v. Wainwright." Legal Information Institute. 15 Jan. 1963. Web. 13 Nov. 2011.
"Gideon v. Wainwright: Supreme Court Drama." ENotes. ENotes.com, Inc. Web. 13 Nov. 2011.
"Gideon v. Wainwright." The Free Dictionary. Farlex. Web. 13 Nov. 2011.
"Gideon v. Wainwright." The Oyez Project at IIT Chicago-Kent College of Law | A Multimedia Archive of the Supreme Court of the United States. Oyez, Inc. Web. 13 Nov. 2011
Hall, Kermit L. "Mapp v. Ohio." Encyclopedia.com. The Oxford Companion to the Supreme Court of the United States, 2005. Web. 13 Nov. 2011.
“Hugo L. Black.” The Oyez Project at IIT Chicago-Kent College of Law. 04 November 2011.
"John M. Harlan." The Oyez Project at IIT Chicago-Kent College of Law | A Multimedia Archive of the Supreme Court of the United States. Web. 13 Nov. 2011.
Lundry, Alex. "The Ideological History of the Supreme Court of the U.S. (SCOTUS) - TargetPoint." Target Point. Ed. Carl Roose. Target Point. Web. 13 Nov. 2011.
"Mapp v. Ohio (1961)." Infoplease.com. Web. 13 Nov. 2011.
"Mapp V Ohio." US Constitution Laws. Web. 13 Nov. 2011.
"Mapp v. Ohio." The Oyez Project at IIT Chicago-Kent College of Law | A Multimedia Archive of the Supreme Court of the United States. Web. 13 Nov. 2011.
McBride, Alex. "The Supreme Court. Expanding Civil Rights. Landmark Cases. Gideon v. Wainwright (1963)." PBS: Public Broadcasting Service. Educational Broadcasting Corporation, Dec. 2006. Web. 13 Nov. 2011.
"Potter Stewart." The Oyez Project at IIT Chicago-Kent College of Law | A Multimedia Archive of the Supreme Court of the United States. Web. 13 Nov. 2011.
“Robert H. Jackson.” The Oyez Project at IIT Chicago-Kent College of Law. 04 November 2011.
"Separate Is Not Equal - Brown v. Board of Education." National Museum of American History. Web. 03 Nov. 2011.
“Sherman Minton.” The Oyez Project at IIT Chicago-Kent College of Law. 04 November 2011.
“Stanley Reed.” The Oyez Project at IIT Chicago-Kent College of Law. 04 November 2011.
“The Ideological History of the Supreme Court of the U.S." Target Point. SCOTUS. Web. 13
"The Story of Gideon v. Wainwright." Division of Public Defender Services. State of Connecticut, 23 May 2011. Web. 13 Nov. 2011.
"Theories of Constitutional Interpretation." UMKC School of Law. University of Missouri-Kansas City Law School. Web. 13 Nov. 2011
“Tom C. Clark.” The Oyez Project at IIT Chicago-Kent College of Law. 04 November 2011.
"William J. Brennan, Jr." The Oyez Project at IIT Chicago-Kent College of Law | A Multimedia Archive of the Supreme Court of the United States. Web. 13 Nov. 2011
“William O. Douglas.” The Oyez Project at IIT Chicago-Kent College of Law. 04 November 2011.
The Supreme Court building Text Sources Picture Sources 10. Who was the main reason of the vote that is? 1. Which two amendments did the case of Gideon v. Wainwright deal with? 2. Who wrote the majority opinion for Gideon v. Wainwright? 3. What was the vote? (5-4, 6-3, unanimous, etc.)
4. What was Mapp arguing for? 5. What was the State of Ohio arguing for? 6. What did the Supreme Court decide? 7. What amendment did the case of Brown v. Board of Education? 8. What was a liberal justice and a conservative justice in Brown v. Board of Education? 9. What was the vote of Brown v. Board of Education?
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