Amendment
What is The right to bear arms?
Amendment 2
What is the core questions revolve around the nature of "unenumerated" rights and the interpretation of the Constitution.
Amendment 9
In Gitlow v. New York, the amendment in question was the First Amendment, specifically the clauses on freedom of speech and press. It upheld Gitlow's conviction, finding that New York could prohibit political speech that advocated the violent overthrow of the government, as it posed a danger to public safety.
Amendment 1
In the 1966 Miranda v. Arizona Supreme Court case, the Court established that individuals in police custody must be informed of their right to remain silent and their right to an attorney before being interrogated. This means that police are required to read suspects their "Miranda rights," which include the right to an attorney, a right to remain silent, and that any statements they make can be used against them in court.
Amendment 5 & 6
What is the right to speak your mind?
Amendment 1
What is the right to a fair and speedy trial?
Amendment 6
McCulloch v. Maryland was a 1819 Supreme Court case that affirmed the federal government's implied powers and established the principle of federal supremacy over the states. The Court ruled that Congress had the constitutional authority to create a national bank, and that states could not tax it, because "the power to tax involves the power to destroy". This landmark decision clarified the "necessary and proper" clause of the Constitution, expanding federal authority and limiting state power in conflicts with the federal government.
Amendment 10
Laird v. Tatum was a 1972 Supreme Court case in which the Court dismissed a claim against the U.S. Army for alleged unlawful surveillance of political activity, ruling the claim was not "ripe" because the plaintiffs had not demonstrated sufficient "injury" or adequate grounds for standing. The case established that mere knowledge of potential government surveillance, without demonstrable harm, is not enough to meet the "Article III" requirement for a case to be brought before the Supreme Court.
Amendment 3
What is the states or the people retain any powers not specifically given to the federal government by the Constitution?
Amendment 10
What is the right to refuse unreasonable searches and seizures?
Amendment 4
Between December 2020 and January 2021, Zackey Rahimi was involved in a series of violent incidents in Arlington, Texas, including multiple shootings and a hit-and-run. Rahimi was under a civil protective order for alleged assault against his ex-girlfriend, which explicitly prohibited him from possessing firearms. Police searched his home and found a rifle and a pistol, leading to Rahimi’s indictment for which makes it unlawful for someone under a domestic violence restraining order to possess firearms. Rahimi moved to dismiss the indictment on constitutional grounds.
Amendment 2
Katz v. United States is a landmark 1967 Supreme Court case that established the "reasonable expectation of privacy" test, which determines if a person is protected by the ban on warrantless searches. The Court ruled that police needed a warrant to wiretap conversations from a public phone booth because Katz had a reasonable expectation of privacy in his conversations, effectively extending protections to people rather than just places.
Amendment 4
What is the right to have a jury at trial?
Amendment 7
What is unusual and cruel punishment?
Amendment 8
Gideon v. Wainwright was a 1963 Supreme Court case that established the constitutional right to legal counsel for indigent (poor) defendants in felony criminal trials. All states must appoint attorneys to defendants who cannot afford one, as a defense lawyer is essential for a fair trial. This landmark decision ensured that the right to counsel was incorporated against the states, not just the federal government.
Amendment 6
Local federal court rule providing that a jury for the trial of civil cases shall consist of six persons comports with the requirement and the coextensive statutory requirement of that the right of trial by jury be preserved in suits at common law, and is not inconsistent with that deals only with parties' stipulations regarding jury size.
Amendment 7
What is the right to remain silent?
Amendment 5
What is the right to deny soldiers in your home?
Amendment 3
In Furman v. Georgia (1972), the U.S. Supreme Court held that the death penalty, as then applied, constituted cruel and unusual punishment, violating the Eighth and Fourteenth Amendments, and thus temporarily suspended capital punishment nationwide. The Court's ruling was based on the arbitrary and discriminatory manner in which death sentences were being imposed, with the majority of justices writing separate opinions to explain their reasoning.
Amendment 8
Planned Parenthood v. Casey (1992) was a landmark Supreme Court decision that affirmed the "essential holding" of Roe v. Wade, which established a woman's right to an abortion. However, the Court also created the "undue burden" standard, which allowed states to regulate abortion as long as the regulations did not place an undue burden on a woman's ability to obtain one. This standard permitted states to implement more restrictions on abortion access than previously allowed under Roe.
Amendment 9