25 terms

Bill of Rights Flashcards

This set of flashcards will prepare for the test of the Bill of Rights.
1st Amendment
Freedom of Religion and Expression (Speech, Press, Petition, Assembly)
2nd Amendment
The right to bear arms
3rd Amendment
Citizens dont have to quarter troops.
4th Amendment
Protects people from search and seizure unless a warrant is present.
5th Amendment
Due Process of Law including:
- Citizens cant be held for a crime more than once (double jeopardy)
- A citizen cant me made to testify against himself/herself.
- Private property cant be taken without payment (eminent domain)
6th Amendment
Citizens have the right to:
- Speedy trial by jury (this is for criminal trials)
- Know the crime they are accused of committing.
- To face witnesses against him/her
- To bring witness in their defense.
- Have a lawyer
7th Amendment
If someone sues someone for more than $20 (often interpreted at $10,000 today) they have the right to trial by jury. (this is for civil trials)
8th Amendment
Citizens accused of a crime are not required to pay bail that is excessive for the crime they committed. Punishment cannot be cruel and unusual.
9th Amendment
Even though some rights are listed in the Constitution, citizens still have other rights.
10th Amendment
Powers not given to the Federal government by the Constitution are given then to the states.
Tinker v. Des Moines
Students wore black arm bands to school in protest of Vietnam War. Principal suspended them. Supreme Court ruled that because it was not disruptive, that the armbands were allowed under the 1st Amendment.
Miranda v. Arizona
Supreme Court case that resulted in all accused persons of a crime be read their rights prior to being arrested.
- You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to speak to an attorney. If you cannot afford an attorney, one will be appointed to you. Do you understand these rights as they have been read to you?
Hazelwood v. Kuhlmeir
Supreme Court case that said that public school student newspapers were still guaranteed Freedom of the Press/Speech as long as article was not disruptive towards the school environment.
Mapp v. Ohio
Mapp was suspected of hiding a criminal in her house. She wouldn't let the police enter unless they had a warrant. Police waved a fake warrant at her and searched the house. This was a violation of her 4th Amendment.
New Jersey v. T.L.O.
A high school student whose purse was searched by the Principal and drugs were found. No warrant was given. The court ruled that schools have the right to search without a warrant if they have reasonable suspicion.
Texas v. Johnson
Johnson burned an American flag in protest. Court ruled that it was Constitutional and was his 1st Amendment right.
District of Columbia v. Heller
Washington DC passed a law banning all handguns. The Supreme Court ruled that it was unconstitutional violating the 2nd Amendment.
Lemon Test
A law does not violate the First Amendment if:
- Has a non-religious purpose.
- It neither aids or harms religion.
- Government and religion are not overly mixed.
- Government cannot endorse or appear to endorse any religion.
Engel v. Vitale
NY Board of Regents composed the following prayer: "Almighty God, we acknowledge our dependence upon Thee, and we beg Thy blessings upon us, our parents, our teachers and our country" to be recited in public schools each morning. Court ruled it was unconstitutional.
WV v. Barnette
court found that students could not be forced to salute the flag during the Pledge of Allegiance.
Clear and Present Danger Test
If a statement poses a clear and present danger that will bring about "substantive evils" - such as crimes, riots, or other harms - then it is not protected by the freedom of speech.
in loco parentis
Latin for "in the place of a parent" refers to the legal responsibility of a person or organization to take on some of the functions and responsibilities of a parent. (schools)
Probable Cause
A reasonable amount of suspicion, supported by circumstances sufficiently strong to justify a prudent and cautious person's belief that certain facts are probably true. (needed to get a search warrant)
Reasonable Suspicion
Police may briefly detain a person if they have reasonable suspicion that the person has been, is, or is about to be engaged in criminal activity; such a detention
Reasonable Expectation
Schools have the reasonable expectation that students cannot cause a disruption to the school environment or violate the Civil Rights or Civil Liberties of other students.