Please enable JavaScript.
Coggle requires JavaScript to display documents.
Bill of Rights (Fifth Amendment (You do not have to testify against…
Bill of Rights
Fifth Amendment
-
-
-
-
-
Miranda vs Arizona:
-This case represents the consolidation of four cases, in each of which the defendant confessed guilt after being subjected to a variety of interrogation techniques without being informed of his Fifth Amendment rights during an interrogation.
First Amendment
Freedom of Religion:
Congress cannot make law for people to have certain religion.Free Exercise of religionCourt Cases:
-Engel v Vitale: The New York State Board of Regents authorized a short, voluntary prayer for recitation at the start of each school day. A group of organizations joined forces in challenging the prayer, claiming that it violated the Establishment Clause of the First Amendment. The New York Court of Appeals rejected their arguments.
- Everson v Board of Education: Established clause, school district transports all kids to school, taxpayers paying for buses and drivers. Church not charged for their kids to ride. Supreme Court can't let church kids ride violate separation.
Freedom of Press:
Cannot make up lies knowingly with the intention of harmCan print any true storyCourt Cases:
-Rex v Zenger: The colony of New York tried publisher John Peter Zenger for seditious libel against the governor. At that time, truth was not a defense in a libel case. Zenger’s attorney told the jury of their power and duty to judge the law as well as the facts, and the jury acquitted Zenger. Though not a Supreme Court case, this is a landmark freedom of the press case
- People v Croswell: Harry Croswell was convicted of libel for printing a story critical of President Thomas Jefferson in his newspaper. Alexander Hamilton represented Croswell on appeal and argued that truth should be a defense for libel. Croswell’s conviction was upheld, but the case led New York to change its law to permit truth as a defense. Though not a Supreme Court case, this is a landmark freedom of the press case.
Freedom of Assembly:
Can be in large groups to protest; has to be a peaceful protestCourt Cases:
- Edwards vs South Carolina: 187 black students were convicted in a magistrates court of breach of the peace for peacefully assembling at the South Carolina State Government
-Cox vs New Hampshire: A New Hampshire state statute prohibited parades, processions, and open-air gatherings in public spaces without a special license granted by the town selectman or licensing body
Freedom of Petition:
Writing letters to petition government, get signatures. Court Cases:
- Reynolds v United States:he Court upheld Reynolds's conviction and Congress’s power to prohibit polygamy. The Court held that while Congress could not outlaw a belief in the correctness of polygamy, it could outlaw the practice thereof.
-Braunfeld v Brown:the Court held that the Pennsylvania blue law did not violate the Free Exercise Clause. The freedom to hold religious beliefs and opinions is absolute; however, the freedom to act (even in accordance with religious convictions) is not totally free from government restrictions.
Freedom of Speech:
Cannot cause public hazard, be threatening, be hateful with implied threatCan be racist or offensiveCourt Cases:
- Schenk v United States:The Court held that the Espionage Act did not violate the First Amendment and was an appropriate exercise of Congress’ wartime authority. Writing for a unanimous Court, Justice Oliver Wendell Holmes concluded that courts owed greater deference to the government during wartime, even when constitutional rights were at stake.
-Gitlow v New York: Justice Olver Wendell Holmes held that Gitlow had not violated the clear and present danger test used in Schenck. Since Gitlow’s call to action was abstract and would not resonate with a large number of people, Holmes concluded that there was not sufficient imminence to warrant punishing the speech.
Sixth Amendment
-
-
-
Court Cases:
-Gideon v Wainwright: In a unanimous opinion authored by Justice Hugo L. Black, the Court held that it was consistent with the Constitution to require state courts to appoint attorneys for defendants who could not afford to retain counsel on their own.
-Cunningham v California: The Court ruled 6-3 that California's Determinate Sentencing Law was inconsistent with the Sixth Amendment right to trial by jury. The opinion by Justice Ruth Bader Ginsburg held that under the Sixth Amendment, any fact that exposes a defendant to a greater potential sentence must be found by a jury, not a judge, and established beyond a reasonable doubt, not merely by a preponderance of the evidence."
Second Amendment
Right to Bear Arms: a well regulated military, being necessary to the security of a free state, the right of the people to bear arms shall not be infringed.
-
Court Cases:
- US v Miller: The Supreme Court reversed the district court, holding that the Second Amendment does not guarantee an individual the right to keep and bear a sawed-off double-barrel shotgun.
-District of Columbia v Heller: he ban on registering handguns and the requirement to keep guns in the home disassembled or nonfunctional with a trigger lock mechanism violate the Second Amendment. Justice Antonin Scalia delivered the opinion for the 5-4 majority. The Court held that the first clause of the Second Amendment that references a “militia” is a prefatory clause that does not limit the operative clause of the Amendment.
Fourth Amendment
The right of people to be secure in their persons, house, papers, and effects against unreasonable searches shall not be violated.
What does the government need in order to search your home?
- probable cause
- a warrant given by a judge
Court Cases:
-Muehler v Mena: Police detained Mena and others in handcuffs while they searched the house they occupied. During the detention they asked Mena about her immigration status. The police had a search warrant to search the premises for deadly weapons and evidence of gang membership. Mena sued the officers in federal district court for violating her Fourth Amendment right to be free from unreasonable seizure.
- Adams v Wiliams: An individual approached a police officer in a gas station parking lot in Bridgeport, Connecticut, and informed him that another individual in a nearby vehicle was carrying narcotics and had a gun at his waist. The officer approached the vehicle on foot and asked the occupant, Robert Williams, to open the door. When Williams rolled down the window instead, the officer reached into the car and removed a gun from Williams’ waistband, though the gun was not visible from outside the vehicle. The officer then arrested Williams for unlawful possession of a firearm and proceeded to search his vehicle, where he found heroin. Williams was convicted in a Connecticut state court of possession of a handgun and heroin.
Eighth Amendment
Bail and Punishment:
- No cruel and no unusual punishment
- no excessive bail
Gregg vs Georgia:
-A jury found Gregg guilty of armed robbery and murder and sentenced him to death. On appeal, the Georgia Supreme Court affirmed the death sentence except as to its imposition for the robbery conviction. Gregg challenged his remaining death sentence for murder, claiming that his capital sentence was a "cruel and unusual" punishment that violated the Eighth and Fourteenth Amendments.
Ninth Amendment
Rights Reserved to the States:
States have rights that are not in the constitution, allows states to grant more rights than given under the constitution.
Roe vs Wade:
-the Court held that a woman's right to an abortion fell within the right to privacy (recognized in Griswold v. Connecticut) protected by the Fourteenth Amendment. The decision gave a woman total autonomy over the pregnancy during the first trimester and defined different levels of state interest for the second and third trimesters. As a result, the laws of 46 states were affected by the Court's ruling.
Tenth Amendment
Rights Reserved to the People:
-If the federal and state governments do not prohibit something, then the people are allowed to do it.
Federalism:
system of government where the states or provinces share power with a national government
Third Amendment
Government Cannot force you to shelter soldiers I your home without your consent in time of war or peace.
Seventh Amendment
Civil Trial by Jury: you cannot sue someone for less than 20 dollars and you can have a jury if you choose to.