Amendments
This amendment guarantees freedoms of speech, press, assembly, and petition
What is the First Amendment?
The case that used selective incorporation to guarantee the rights of criminal defendants
What is Gideon v. Wainwright? (1963)
States must treat people equally
What is Equal Protection Clause?
According to the 5th and 14th Amendment, people cannot be deprived of life, liberty, or property without a fair trial
What is Due Process?
Passed after 9/11 to punish terrorist acts by enhancing law enforcement's ability to investigate and prevent terrorism
What is Patriot Act? (2001)
The accused has the right to counsel
What is the Sixth Amendment?
The case that resulted in the "Clear and Present Danger” Test, ruling that the government can restrict speech that presents a significant threat to public safety or national security
What is Schenck v. United States? (1919)
Government cannot establish a religion or infringe on the peoples’ right to practice their religion
What is Establishment and Free Exercise Clauses?
The stated sentence merging the 5th and 6th amendment rights together, given to suspects in custody, ensuring awareness of constitutional rights
What is Miranda Rights?
The case that dealt with a school-sponsored prayer that violated the Establishment Clause, deemed that government must remain neutral on religious issues
What is Engel v. Vitale? (1962)
What is the Fifth Amendment?
The case that determined, under the free exercise clause, that religion outweighs state interest
What is Wisconsin v. Yoder? (1962)
Congress can make laws "necessary and proper" for executing powers
What is Necessary and Proper Clause? (Elastic Clause)
Right to fair trial, no double jeopardy, and no self incrimination
What is Procedural Due Process?
Requires government to prove the law is narrowly tailored to achieve a compelling government interest using the least restrictive means
What is Strict Scrutiny?
Granted citizenship to all people born in the U.S., guaranteed "equal protection of the laws"
What is the Fourteenth Amendment?
The case that dealt with students being suspended for wearing black armbands that protested the Vietnam War
What is Tinker v. Des Moines? (1969)
Federal laws are supreme over state laws
What is Supremacy Clause?
Prohibits government from infringing on individual rights without compelling interest
What is Substantive Due Process?
The case that determined prior restraint cannot be used to stop publication from past events, and can only be stopped it threatens national security
What is New York Times v. United States? (1971)
No unreasonable search or seizures. Must have a warrant or "probable cause"
What is the Fourth Amendment?
The case that resulted in the selective incorporation of the Second Amendment right to bear arms to states
What is McDonald v. Chicago? (2010)
Prevents state governments from infringing on citizens' rights from other states in a discriminatory way
What is the Privileges and Immunities Clause?
When rights are not applied all at once, incorporated on case-by-case basis. Uses Due Process Clause from the 14th Amendment
What is Selective Incorporation?
The case that deemed phone searches require a warrant to be searched under the Fourth Amendment