FIRST AMENDMENT - misterfitz

Transcription

FIRST AMENDMENT - misterfitz
Amendments
and
their corresponding
cases
FIRST AMENDMENT (Freedom of Speech/Religion (No Establishment & Free
Exercise)/Assembly/Petition/Press)
FIRST AMENDMENT (Freedom of Speech/Religion (No Establishment & Free
Exercise)/Assembly/Petition/Press)
FIRST AMENDMENT (Freedom of Speech/Religion (No Establishment & Free
Exercise)/Assembly/Petition/Press)
Texas v. Johnson (1989)
FIRST AMENDMENT (Freedom of Speech/Religion (No Establishment & Free
Exercise)/Assembly/Petition/Press)
FIRST AMENDMENT (Freedom of Speech/Religion (No Establishment & Free
Exercise)/Assembly/Petition/Press)
Near v. Minnesota (1931)
New York Times v. US (1971)
FIRST AMENDMENT (Freedom of Speech/Religion (No Establishment & Free
Exercise)/Assembly/Petition/Press)
Engel v. Vitale (1962)
FIRST AMENDMENT (Freedom of Speech/Religion (No Establishment & Free
Exercise)/Assembly/Petition/Press)
Lemon v. Kurzman (1971)
FIRST AMENDMENT (Freedom of Speech/Religion (No Establishment & Free
Exercise)/Assembly/Petition/Press)
Group activity
Miller v. California (1973)
FIRST AMENDMENT (Freedom of Speech/Religion (No Establishment & Free
Exercise)/Assembly/Petition/Press)
Obscene IF:
1. That the average person
would, applying contemporary
community standards, find
that the work appealed to the
lustful or inmodest interest
2. That the work depicts or
describes , in an offensive way,
sexual conduct defined by
State Law
3. That “the work” taken as a
whole, lacks serious literary,
artistic, political or scientific
value
Mapp v. Ohio (1961)
Types of Police Searches
• 1. Plain view Search and
Plain feel search
• 2. Consent
• 3. Hot Pursuit
• 4. Exigent Circumstances
(i.e. emergencies)
• 5. Terry Stop and Frisk
(Terry vs. Ohio- 1968)
• 6. Vehicle Searches (No
warrants but probable cause)
• 7. Search Incident to a Lawful
Arrest
• 8. Airports and Borders (High
Security Areas)
• 9. Good Faith Exception Clause
• 10. Special Needs
Administrative Searches (i.e.
School metal detectors)
Gideon v. Wainwright (1963)
Miranda v. Arizona (1966)
Gregg v. Georgia (1976)
Griswold v. Connecticut (1965)- 9th
Amendment
Roe. v. Wade (1973)
-9th amendment (right to privacy) & 14th
amendment
Dred Scot v. Sanford (1957)
• -the Court upheld property rights over human
rights This narrow reading of the Constitution
was an example of States’ Rights advocacy.
Plessy v. Ferguson (1896)
• - Separate but equal facilities were allowed
and did not violate the “equal protection
clause”
Brown v. Board of Education (1954)
• -14th amendment (equal protection clause)
• Overturned Plessy v. Ferguson and the
“separate but equal”doctrine & that separate
schooling of the races was unconstitutional
and demanded that schools desegregate with
“all deliberate speed”
Regents of University of California v. Bakke
(1970)- Equal Protection Clause
Baker v. Carr (1962) and
Westberry v. Sanders (1964)
Baker:
• Malapportionment violated the
14th amendment
• All districts must be contiguous
and touching, precursor to
Westberry
Westberry:
• -One person one vote, all districts
must be equal in POPULATION not
AREA or SIZE
• Gerrymandering
Bill of Rights (Amendments 1-10)
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Freedom of Expression
Right to Keep and Bear Arms
Lodging Troops in Private Homes
Search, Seizure, Proper Warrants
Due Process
Criminal Trials
Civil Trials
Bail; Cruel, Unusual Punishment
Unenumerated Rights
Powers Reserved to the States
Amendments 11-27
11.
12.
13.
14.
15.
16.
17.
18.
19.
Suits Against the States
Election of the Pres./VP
Abolished slavery
Rights of Citizens
Right to Vote: Race
Income Tax
Popular Election of Senators
Prohibition of Alcohol
Women’s Suffrage
20. Commencement of Terms
21. Repeal of Prohibition
22. Presidential Tenure
23. Electors for D.C.
24. Banned the Poll Tax
25. Presidential Succession; VP
Vacancy; Disability
26. Right to Vote: Age
27. Congressional Pay