Bill of Rights
1st 10 Amendments; Established our basic rights
Congress can make no law: establishing a state religion, prohibiting free exercise of religion, limiting free speech or press, restricting the right to assemble peacfully or to petition our government.
"separation of church and state"; Government can't create a state sponsored religion; limits on school prayer
Engle v. Vitale
New York's mandatory requirement that all students must recite a nondenominational prayer each day was struck down because it violated the establishment clause of the first amendment
Lemon v. Kurtzman
Pennsylvania law that allowed state financial support for textbooks and teacher salaries for secular subjects in parochial schools violated the establishment clause. Set the test for deciding establishment cases: 1. Legislation must be secular. 2. Primary effect of laws can neither advance or inhibit religion and 3. Must avoid excessive government entanglement
Free Exercise of Religion
Established in the 1st Amendment; protects individuals religious beliefs but has Supreme Court has allowed that some beliefs cannot be practised (polygamy)
Reynolds v. United States
Ruled that the outlawing of polygamy was acceptable.
Gitlow v. New York
He was a socialist who advocated (through speech and pamphlets) strikes and civil actions. Arrected and convicted under a New York law outlawing anarchy. Supreme Court upheld the conviction. 1st use of selective incorporation.
Schenck v. United States
He mailed flyers to potential draftees urging them to defy the draft during WWI. Violated the Espionage Act. Supreme Court upheld conviction saying that his actions were a "clear and present danger".
Tinker v. Des Moines
She was suspended from school for wearing an arm band protesting the Vietnam War. Supreme Court said her actions were symbolic speech and permissable.
Texas v. Johnson
Arrested for buring the US flag. Court ruled that the flag was symbolic speech and his actions were OK.
New York Times v. U.S.
Pentagon Papers Case. Nixon tried to stop the New York Times from printing a secret Pentagon study of the Vietnam War. Supreme Court said that the government could not use "prior restraint" to restrict the press.
Right to bear arms
No quartering of troops
Privacy rights and search and seizure restrictions.
Mapp v. Ohio
Police illegally searched her home and Courts said illegally obtained evidence can't be used in court.
Griswold v. Connecticut
Executive Director of Planned Parenthood was convicted ro violating a law that made it illegal to give information to married couples about birth control. Supreme Court ruled the law illegal.
Roe v. Wade
She violated a Texas law that banned abortions. Supreme Court ruled that women have a constitutional (4th amendment) right to an abortion. Restrictions can be placed starting in 2nd trimester.
Planned Parenthood v. Casey
Set up a 24 hour wait time for abortions. Minors had to get parental consent. Courts struck down the need for spousal approval.
Expanded the governments role in dealing with domestic terrorism. Right to conduct secret searches and wiretapping. Permits imprisonment of noncitzends without due process.
Establishes procedural rights including protection against: double jeopardy and self-incrimination
Miranda v. Arizona
He was charged and convicted of rape. Court ruled that individuals must be told their rights.
Right to a speedy trial, right to confront witnesses and right to an attorney
Gideon v. Wainwright
He was accused and convicted of robbery. He couldn't afford a lawyer and had to defend himself. Supreme Court said that the state had to supply a lawyer.
Right to a jury in civil trials
Bail procedures were set; Cruel and unusual punishment no OK
Gregg v. Georgia
He was convicted of robbery and murder. Sentenced to death. Death penalty was previously ruled unconstitutional. Supreme Court overturned it previous ruling and said that the death penalty while extreme is OK under some circumstances.
Guarantees certain rights that are not listed specifically in the constitution
Any powers that are not denied to the states in the constitution are then given to the states and/or the citizens of those states.
Equal Rights Amendment
Goal was to establish a constitutional guarantee of equality for men and women; House and Senate passed it but states legislatures failed to ratify it.