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| Religion, speech, assembly, and politics |
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Militia and the Right to Bear Arms
Lewis v. United States
US v. miller |
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| Quartering of Soldiers - no soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in manner to be prescribed by law |
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searches and seizures -
Procedural due process (how the law is carried out)
the right for people to be secure in their persons, houses, papers, against unreasonable searches and seizures.
Must have a warrant upon probable cause
Must particularly describe the place to be searched and what will be seized
Mapp v Ohio
Terry v Ohio
NJ v TLO |
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grand juries, self-incrimination, double jeopardy, due process, and eminent domain
grand juries - surpress the evidence, make sure its all legit, then decides if theres enough that the person stands trial
self incrimination - you don't have to testify against yourself, right to remand silent, i plead the 5th
double jeopardy - no trial or punishment for the same crime by the same government
eminent domain - gov can take property for public use but they must pay just compensation for the property
due process - established rules and regulations that restrain government officials
- procedural due process - a constitutional requirement that governs proceed by proper methods, limits how government may exercise power
- substantive due process - a constitutional requirement that governments act reasonably and that the substance of the laws themselves be fair and reasonable, limits what a government may do
Miranda v. Arizona
Malloy v. Hogan |
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criminal court procedures - fair and speedy trial, fair jury, witnesses, attorney
Gideon v. Wainwright
Miranda v. Arizona
Sheppard v. Maxwell
Escobedo v. Illinois |
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| trial by jury in common law cases |
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bail, cruel, and unusual punishment
excessive bail not required, nor excessive fines, no cruel and unusual punishment |
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rights retained by the people
the enumeration in the constitution, of certain rights, shall not be construed to deny or disparage others retained by the people
not so clear - protection of rights - not specifically enumerated in bill of rights
general right to privacy |
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| reserved powers of the states - the powers not delegated to the united states by the constitution, nor prohibited by it to the States, are reserved to the States respectively, or the the people |
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| a court order requiring explanation to judge why a prisoner is being held in custody |
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| 2nd amendment - protects gun holders rights |
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4th - searched mapps house without a warrant, found porn and charged her with it, not OK. they needed a warrant specifically looking for porn
created exclusionary rule |
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| 4th - that guy was strolling the corner for hours with a gun, searching a person is ok with probable cause |
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| 4th - principal checked for cigs, found weed, she argued but the court said the principal was ok, he had a reason to check their purse since they were caught smoking |
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| 5th - gambler guy didn't want to testify against himself, right to no self-incrimination |
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| 6th - Gideon was framed but didnt have enough money to an attorney, supreme court ruled that anyone even in state trials has the right to a fair trial with an attorney |
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| 5th/6th - court ruled that suspects in police custody have certain rights and they must be read to them (miranda rights) |
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| 6th - right to a fair trial and to an impartial jury, doctor killed pregnant wife so he had a really bad rep from his jury, wasnt fair |
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6th - This case decided that criminals had a right to counsel (attorney) during police
interrogations under the sixth amendment. |
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| 8th - stopped death penalty |
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| 8th - allowed death penalty at state desecration |
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| 9th - contraceptive was illegal, but that violated right to marital privacy |
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| 9th - abortion was illegal, this gave the constitutional right to privacy for women to decide |
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| a retroactive criminal law that works to the disadvantage of a person |
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| constitutionally protected freedoms of all persons against government restrait |
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| granted by governments and may be subject to conditions or restrictions (welfare, drivers license) |
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| federalists thought what about a bill of rights |
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| unnecessary, the constitution already established a limited government |
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| a clause in the 5th amendment limited the power of national government |
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| 14th amendment & selective incorporation |
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the process by which provisions of the bill of rights are brought within the scope of the fourteenth amendment and so applied to state and local governments
all of the bill of rights except 2nd, 3rd, 5th for grand jury, 7th right to a jury trial in civil cases, and 9th and 10th |
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| a clause in the first amendment that states that congress shall make no law prohibiting the free exercise of religion |
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in the 1st amendment states that congress shall make no law respecting an establishment of religion.
supreme court interprets this as to forbid governmental support to any or all religions |
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| money that the gov provides to parents to pay their children's tuition in a public or private school of their choice |
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gov can pay for private school busing
lemon test:
1. a law must have a secular legislative purpose
2. it must neither advance nor inhibit religion
3. it must avoid excessive government entanglement with religion |
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belief - freedom of conscience, always protected basically
speech - sometimes with exceptions
actions - "your right to swing your fist ends where my nose begins" |
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earlier tests for speech restrictions:
bad tendency test
clear and present danger test
preferred position doctrine |
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bad tendency test - forbid speech encouraging illegal action
clear and present danger test - gov cannot interfere with speech unless it presents a clear and present danger to evil or illegal acts
preferred position doctrine - people should not be punished for what they say, but for only what they do |
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| libel, obscenity, fighting words, and commercial speech, which are not entitled to constitutional protection in all circumstances |
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censorship imposed before a speech is made or a newspaper is published, usually presumed to be unconstitutional
ok when its for national safety or military security |
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| content/viewpoint neutrality |
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| laws that apply to all kinds of speech and to all views, not just that which is unpopular or divisive. |
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| written defamation of another person. for public officials and public figures, the constitutional tests designed to restrict libel actions are especially rigid |
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1. average person applying contemporary standards would find the work interest in sex blah blah
2. depicts or describes in a patently offensive way sexual conduct against law
3. taken as a whole lacks serious, literary, artistic, political, or scientific value |
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| words that by their very nature inflect injury on those to whom they are addressed or incite them to acts of violence |
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| advertisements and commercials for products and services; they receive less first amendment protection, primarily to discourage false and misleading ads. |
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| deliberate refusal to obey a law or comply with the orders of public officials as a means of expressing opposition -- even when peaceful, not a protected right |
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| the rights of an individual to own, use, rent, invest, buy, and sell property |
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| the power of a government to take private property for public use, the us constitution gives national and state governments this power as long as compensation is given |
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| a gov regulation that effectively takes land by restricting its use, even if it remains in the owners name |
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| searches of persons and the goods they bring with them at boarder crossings |
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| a requirement that evidence unconstitutionally or illegally obtained be excluded from a criminal trial |
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| a formal, written statement from a grand jury charging an individual with an offense, also called a true bill |
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| an agreement between a prosector and a defendant that the defendant will plead guilty to a lesser offense to avoid having to stand trial for a more serious offense |
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| a jury of 6 to 12 persons that determines guilt or innocence in civil or criminal action |
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| trial or punishment for the same crime by the same government |
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| steps of criminal process |
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| 1. pretrial 2. trial 3. sentencing 4. appeal |
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| amish kids didn't have to go to school after 8th grade bc it interfered with their religion |
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| beotch got unemployment for being fired for refusing to work saturdays because of her religion |
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| morman guy, it prohibited polygamy |
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| using poisonous snakes in practice that killed people, gov can take away some of the religious practices |
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| Jewish merchant had to be closed saturday and friday nights, and they wanted to be open sunday as well, but the state said no to sundays and that it didnt discriminate them |
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| must pay social security taxes |
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| wouldn't except interracial relationships on school, took away civil rights, so the country started taxing them |
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| Goldman wanted to wear his religious hat thing but the army said no to headgear inside. Court ruled against Goldman because they felt that the military was supposed to be uniform and promote unity among the ranks of the army. |
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| minersville schools v gobitis |
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| kid got expelled for not saying pledge |
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| west verginia board of ed v barnette |
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| kid doesnt get expelled for not saying pledge |
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| drug testing is allowed and if someone did an illegal drug even for religious reasons they dont have to be allowed the job |
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| everson v board of education |
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| taxpayer money pays for religious school buses |
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| state paid Chaplain was ok because it was paid for before 1st amendment was ratified - also a custom to widely held beliefs |
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| lynch v donnely, gov didnt have to remove nativity scene as long as they had secular things too |
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| walz v tax commission of NY |
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| lemon test, religious school can get funds |
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| McCollum v board of education |
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| not allowed to use taxpayer money to support religion in school |
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| students only allowed to leave for religious purposes |
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| The Supreme Court ruled that the Establishment Clause did not require state universities to limit access to their facilities by religious organizations. |
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prayer ones:
engle v vitale
lee v weisman
abingtown schools v shempp
wallce v jafffree |
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engle v vitale - dont pray in school
lee v weisman - extends to all activities in school
abingtown schools v shempp - bible readings out
wallce v jafffree - allotted prayer time, kids got made fun of for not praying, teacher plays dumbt. |
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