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us history bill of rights and court cases

Terms in this set (31)

1st Amendment
Freedom of Religion, Speech, Press, Assembly, and Petition and sue the government
2nd amendment
Right to keep and bear arms
3rd amendment
No quartering of soldiers
4th amendment
Freedom from unreasonable searches and seizures
5th Amendment
grand jury for felony indictment; no double jeopardy; no self-incrimination; due process of law
6th Amendment
The right to a Speedy Trial by jury, representation by an attorney for an accused person
7th Amendment
Right to jury in civil trials.
8th Amendment
no excessive bail, no excessive fines, no cruel and unusual punishment
9th Amendment
Protection of Rights not specifically listed
People still get rights even if they are not listed in the Bill of Rights
10 amendment
power of states and people
14th amendment section 1
All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
14th Amendment section 5
The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.
circumstances when the government can limit your rights...........
the exercise of your rights violate the rights of other
the exercise of your rights are a clear and present danger to national security during wartime
Schenck v. United States
A 1919 decision upholding the conviction of a socialist who had urged young men to resist the draft during World War I. Justice Holmes declared that government can limit speech if the speech provokes a "clear and present danger" of substantive evils.
the ruling of various supreme court decisions have establish the idea that...........
civil liberties can be both protected and limited in schools
the constitutional rights of students in public school are not automatically..............
coextensive with the rights of adults in other settings
Engel v. Vitale (1962)
Prohibited state-sponsored recitation of prayer in public schools by virtue of 1st Amendment's establishment clause and the 14th Amendment's due process clause; Warren Court's judicial activism.
Wallace v. Jaffree (1985)
The Court overturned a state law setting aside time for "voluntary prayer" in public schools.
Lee v. Weisman (1992)
Public schools may not have clergy lead prayers at graduation ceremonies
Santa Fe ISD v. Doe (2000)
There can be no school-led prayers at extracurricular events
Tinker v. Des Moines (1969)
Public school students may wear armbands to class protesting against America's war in Vietnam when such display does not disrupt classes
Bethel School District v. Fraser (1986)
Gave public school officials the authority to suspend students for speech considered to be lewd or indecent
Hazelwood v. Kuhlmeier (1988)
School newspapers can be censored by teachers and administrators
Morse v. Frederick (2007)
School District is allowed to restrict students' pro-illegal drug speech at school event.
New Jersey v. TLO (1985)
School searches without warrants are allowed
Roe v. Wade (1973)
Abortion rights fall within the privacy implied in the 14th amendment
Mapp v. Ohio (1961)
Established exclusionary rule; illegally obtained evidence cannot be used in court; Warren Court's judicial activism.
Weeks v. US
Established exclusionary rule, evidence gotten without a warrant isn't admissable in a federal court
Gideon v. Wainwright (1963)
Extends to the defendant the right of counsel in all state and federal criminal trials regardless of their ability to pay.
Plessy v. Ferguson (1896)
Separate but equal
Brown v. Board of Education
1954 - The Supreme Court overruled Plessy v. Ferguson, declared that racially segregated facilities are inherently unequal and ordered all public schools desegregated.
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