| A | B |
|---|
| Bill of Rights | established individual due process rights; initially only applied yo laws passed by the feds |
| 1st Amendment | Congress can't establish a state religion; prohibit free speech; abridge free press, prohibit the free exercse of religion |
| The Establishment Clause | The clause was intended to prevent the fed. gov't from supporting a national religion. Jefferson called for a wall of separation between church and state |
| Engle vs. Vitale | schools could not have an official prayer to start the day |
| Lemon vs. Kurtzman | 3 prong test to determine whether or not establishment cluase has been violated |
| Free Exercise of Religion | This clause was included to allow citizens to practice religion without government interference |
| Reynolds vs. US AND Employmetn Division of Oregon vs. Smith | Reynolds (1878): dealt with Utah-territory based polygammy (polygammy can be prohibited); Oregon (1990) deals with peyote use with Native Americans (there is a compelling interest in regulating the drug) |
| Free Speech Principles | Speech is calssified as expressive and symbolic; can be limited in times of war; obscene speech can be limited; threatening speech can be limited |
| Gitlow vs. New York (1925) | free speech was restricted because it created a "dangerous tendency" |
| Chaplinsky v. New Hampshire (1925) | established the "fighting words doctrine" words that can inflict injury or cause a breach of the peace can be regulated |
| Schenck vs. US (WWI era) | "Clear and present danger" doctrine is established |
| Tinker vs. Des Moines | "student rights do not end at the school house gates" |
| Texas vs. Johnson | The Court ruled 5-4 that burning the flag for the purpose of political protest was symbolic speech and is constitutional |
| Free Press Principles | A free press is guaranteed by the 1st Amendment |
| John Peter Zenger Trial | the press can operate freely and openly, even if it means public officials were criticized |
| NY Times vs. US (Pentagon Papers) | The court ruled that the Times and the POst had the right ot publish the Pentagon Papers, and that the gov't misused its authority of "prior restraint" when it asked courts to censor the publications |
| Assembly and Petition of Grievances Principles | People can freely associate with whomever they choose; can petitioin the gov't for policies you want |
| 2nd Amendment | interpreted as the right to bear arms |
| 3rd Amendment | no required housing of government officials |
| 4th Amendment | The Search Warrant Amendment |
| Wolf v. Colorado | allowed illegal obtained evidence to be used in court |
| Mapp v. Ohio | Overturned Wolf v. Colorado; established the exclusionary rule: evidence obtained without a valid search warrant is not admissible |
| Griswold v. Connecticut | laws prohibiting obtaining birth control information are unconstitutional; more importantly: there is an inferred right to privacy given to people through the 4th Amendment |
| Roe v. Wade | The Court ruled that women had the constitutional right to an abortion, under the 4th Amendment |
| Planned Parenthood vs. Casey | upholds Roe, and becomes the new precedent in the abortion issue: upheld a 24 hour wiating period/struck down spousal approval |
| New Jersey vs. TLO | school officials can conduct searches without a warrant, so long as there is reasonable suspicion |
| Vernonia School District vs. Acton | schools can conduct random drug tests |
| 5th Amendment | Established indivudal procedural rights (think Miranda Rights) |
| Due Process Principles | guarantees that an individual is protected from unfair treatment by the government from arrest through conviction |
| Miranda vs. Arizona | The Whole Miranda Rights thing |
| 6th Amendment | Gives individuals protection during a trial |
| Gideon vs. Wainright | Accused were guaranteed the right to an attorney |
| 7th Amendment | right to jury trial for civil trials |
| 8th Amendment | no cruel and unusual punishment |
| Gregg vs. Georgia | The Court ruled that the death penalty did not represent cruel and unusual punishment |
| 9th Amendment | those undefined rights not listed anywhere in the Constitution cannot be taken away from people |
| Cruzan vs. Missouri Dept. of Health | A right to die case (without a living will, the hospital has the authority to continue treatment); related: doctor assisted suicide is not a protected right |
| 10th Amendment | Defines federalism: gives the feds some powers, leaves the rest for the states |
