Bill of Rights (1st Amendment: 5 protected freedoms. (Court Cases: (-Cox…
Bill of Rights
1st Amendment: 5 protected freedoms.
Freedom of Speech-can be racist, offensive, burn flag (expressive). Cannot cause public hazard, be threatening especially towards the president, or be hateful with implied threat.
Freedom of Religion-establishment clause, free exercise clause
Freedom of Press-can print any true story, cannot make up lies knowingly with intention of harm
Freedom of Assembly-can be in large groups to peacefully protest
Freedom of Petition-writing letters to petition government or get signatures
-Cox v New Hampshire: 1941 Cities can require permits in the interest of public order (limitation on assembly). Freedom of Assembly is the right to assemble or to gather together in a peaceful fashion. It is a political right that ensures justice in government.
-Gitlow v. New York: 1925 Selectively incorporated freedom of speech, but also added the "Bad Tendency Doctrine" (speech could be restricted if it had a tendency to lead to illegal action). Freedom of speech is the right to express any opinions without censorship or restraint.
2nd Amendment: Right to bear arms
Con 2nd Amendment: Guns intensifies violence whether it be suicide or harm to others, as death rates are lower in countries with gun control.
Pro 2nd Amendment: Making guns illegal would stimulate the black market.
United States v. Cruikshank (1876): In this case, the Supreme Court recognized the right of the people to keep and bear arms
United States v. Miller (1939): Allowed states to regulate guns moving between states; Both anti- and pro- gun groups point to this case as being their point; puts everything in the power of the states; Brady Bill 1993 says federal control
3rd Amendment: Quartering soldiers
-only amendment to never been challenged in court
-the government cannot force you to shelter soldiers in your home without your consent in time of war or peace.
4th Amendment: 4th Amendment: What does government need to search your home?
-warrant given by a judge
Weeks v. United States 232 U.S. 383 (1914): In this case, the exclusionary rule was born; the exclusionary rule forbids the use of illegally obtained evidence in a criminal trial
Texas v. White (1975): The Court ruled 6-2 that evidence found during a warrantless search of an automobile was admissible
5th Amendment: If charged with a crime must be informed by grand jury
-no self-incrimination: you do not have to testify against yourself ("I plead the Fifth!").
-imminent domain/just compensation clause: "nor shall private property be taken for public use, without just compensation".
-you must have due process of law before you are convicted regardless of citizenship
Miranda v. Arizona:
1966 ruling that upon arrest, a suspect has the right to remain silent and the right to consult with a lawyer.
-double jeopardy: being tried twice for the same offense (if you appealing, it is not double jeopardy because you are asking to be retried)
6th Amendment: Speedy Trial and Lawyer
-you have the right to speedy trial by an impartial jury (not favoring either side).
-you must be told of changes
-you must be provided a lawyer if you cannot afford one
Gideon v. Wainwright: a landmark case in United States Supreme Court history. In the case, the Supreme Court unanimously ruled that state courts are required under the Sixth Amendment of the Constitution to provide counsel in criminal cases for defendants unable to afford their own attorneys.
Powell v. Alabama (1932): The Supreme Court ruled here that the right to counsel was required by law in death penalty trials.
7th Amendment: Civil Trial by Jury
-you can't sue someone for less than $20
-can have a jury if you choose to
8th Amendment: Bail and Punishment
-no excessive bail
-no cruel and unusual punishment
Gregg v. Georgia: Upheld new Georgia death penalty laws requiring dual-phase trial and special circumstances; capital punishment does not constitute cruel & unusual punishment of 8th Amendment.
9th Amendment: Rights reserved to the states
-rights that you have but aren't written but you still have, states decide more than given under constitution
-issues such as: gay marriage, drinking age, driving age, abortion limitations
Roe v. Wade: The 1973 Supreme Court decision holding that a state ban on all abortions was unconstitutional. The decision forbade state control over abortions during the first trimester of pregnancy, permitted states to limit abortions to protect the mother's health in the second trimester, and permitted states to protect the fetus during the third trimester.
10th Amendment: Rights reserved to the people
if federal and state governments don't prohibit something, than people are allowed to do it
-Federalism: a form of government in which power is divided between the federal government and the states