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