5th ammendment case

Imminent domain - "nor shall property be taken for public use without just compensation."

Baltimore took property to improve water-flow and it dumped water and silt next to barron's dock making it useless

Baltimore claimed that the 5th amendment didn't apply to them.

Ruled in favor of Barron (first bill of rights applied to the states)

1 - Freedom of press/speech

1 - exercise religion

1,4 - establishment of religion/search and seizure

5 - counsel

5 - self incrimination

5 - confront and examine witnesses

5 - trial by jury for a felony

3 - quartering soldiers

5 - grand jury indictment

7 - trial by jury on civil cases

8 - excessive bail

-especially on the press

-gov. man not stop speech before it happens

must pass all 3

-Has to have a secular purpose independent of religion

-Neither advance nor inhibit religion

-Should avoid excessive Gov. entanglement

-Police went in without a warrant. Didnt find what they were looking for but found something else

-Ruling requires police to have a search warrant obtained through demonstration of probable cause.

-Exclusionary Rule - evidence that is obtained through a search that is improper cannot be entered into the court as evidence.

-Right to an attorney/council

-Gideon convicted but was denied a lawyer

-Speedy, public trial, right to counsel.

-Created the public defender system

-5th amendment

-No self incrimination

-5th double jeopardy, cannot be tried twice for same crime in same court

Cruel and unusual punishment (combined with other cases)

-Excessive bail is not incorporated to the states

-Case stopped application for the death penalty

-Ruled that race cannot be a main factor in determining death penalty

13th - abolishes slavery

14th - Due process, equal protection and defines citizenship. Born in U.S. you are a citizen

15th - right to vote for African American men

Effectively denied citizenship rights to blacks.

-Heard in St. Louis

-Re-affirming the constitutionality of slavery

-Denied black citizenship rights

-Any gov. policy procedure that discriminates on race is unconstitutional

-Meets an attracting strong public interest, objective cannot be met in any other way

-Gender discrimination

-Any gov. policy or procedure that discriminates on gender is unconstitutional

-Easier to pass than strict scrutiny

-When the gov. discriminates on the basis of age, income, ect.

-Gov. only has to show that the procedure expresses public interest

-Shorthand way of saying that the strict scrutiny test applies

-Race, national origin, religion, ect.

-Public schools were segregated

-Supreme court struck down "separate but equal" from Plessy v. Ferguson

-Declared the segregation of schools unconstitutional. Not restaurants, restrooms, or other public places

Programs designed to enhance opportunities for groups that have suffered from discrimination

(Equal protection clause and Strict scrutiny)

-Upheld MO state right to deny use of public facilities or funds to perform abortions

-Recognized a state right to protect human life

-Reaffirmed 14th amendment protections for abortion.

-recognized state interest in regulation subject to "undue burden" test

-Griswold helped a married couple get an abortion violating a Connecticut law.

-Supreme court ruled that artificial birth control is legal on the grounds of the right to privacy.

-Phelps protested at Snyder's son's funeral.

Issues: 2 private persons and a private matter

-Can you award damages to compensate for distress under the first amendment?

Does Freedom of speech trump freedom of religion/assembly?

-Ruled in favor of Phelps(protestor) on the following grounds: the theme of their demonstration spoke to broad public issues, protected by 1st amendment because it was not motivated by a private grudge.

-Protest occurred on a public street

-Gaines denied admission into Missouri School of Law because of his race.

-Missouri was currently building Lincoln University to accommodate African Americans but it wasn't finished. Compensation until it was done was that Missouri would pay for tuition at a border state's school.

-Gaines said it violated his 14th amendment right.

-Ruling: when the states provide legal training, it must provide to every qualified person to satisfy equal protection. Cannot send them to other states.

-Supreme court heard arguments by the the schools  requesting relief on the task of desegregation.

-Court decided the the task of carrying out school desegregation is left to the District Courts "with all deliberate speed"

-Allowed some states to continue desegregated schools for up to a decade.

-Michigan's consideration of race for admission denied a girl who was qualified while a minority student got accepted with less grades.

-She claimed that she was rejected because the law school uses a "predominant factor" giving applicants who are minorities a greater chance of admission.

-Supreme court ruled that this was unconstitutional for many reasons including the unequal admission of different minorities.

-Surveys the decline of social capital since 1950

-This undermines the active civil engagement that a strong democracy requires

-Decreased: voter turnout, public meeting attendance, service in communities, and working with political parties.

-Bowling used as an example. The number of actual bowlers has increased but membership has decreased.

-U.S. Social Capital is eroding likely because of technologic "individualizing" of our leisure time. (TV, internet, ect.)

Court case declared that states had the right to ban sexual relations between two consenting adults of the same sex, despite an individual right to privacy.