Bill Me
Right to bear arms
2nd Amendment
The right to practice the religion of your choice
Free exercise clause
Illegally obtained evidence may not be used in a trial
Exclusionary rule
Protection of groups of people from discrimination
Civil rights
Compelling Amish students to attend public school beyond 8thgrade violates the free exercise clause
Wisconsin v. Yoder (1972)
Freedom of religion (establishment clause, free-exercise clause), free speech, press, and assembly
1st Amendment
“...nor shall any state deprive any person of life, liberty, or property, without due process of law.”
Due process clause
Suspects in custody must be informed of their 5th and 6th amendment rights
Miranda rule
Preferential admissions and hiring policies for minorities; allowed but no quota system, no points awarded for race
Affirmative action
Speech can be limited if it creates a clear and present danger. Upheld the Espionage Act.
Schenck v. U.S.(1919)
States’ rights; All powers not delegated to the federal or denied to the states are reserved to the states
10th Amendment
No official religion or preferential treatment for a religion
Establishment clause
Incorporated the right to an attorney (6th amendment through the 14th’s due process clause) Hint: Supreme Court Case
Gideon v. Wainwright (1963)
MLK demands fulfillment of Declaration of Independence and 14th Amendment’s equal protection clause for African-Americans
Letter from a Birmingham Jail
Racially segregated public schools violate the 14th Amendment
Brown v. Board of Education (1954)
Trial by jury in civil cases
7th Amendment
Symbolic speech, Hate speech are examples of
Protected speech
“...nor deny to any person within its jurisdiction the equal protection of the laws.
Equal protection clause 14th Amendment
Banned literacy tests, other obstacles to vote. Required states with a history of voting discrimination to obtain federal approval for election laws and policies
Voting Rights Act of 1965
Students have free speech; symbolic speech is pure speech; schools can only limit speech if it interferes with the operation of the school
Tinker v. Des Moines (1969)
No unreasonable searches and seizures
4th Amendment
Bill of Rights has been applied to states on a case-by-case basis
Selective Incorporation
Incorporated an individual right to bear arms (2nd amendment through the 14th’s due process clause)
McDonald v. Chicago (2010)
“...nor deny to any person within its jurisdiction the equal protection of the laws.”
Equal protection clause 14th Amendment
Because of the First Amendment’s freedom of press there is a heavy presumption against prior restraint; government couldn’t block publication of the Pentagon Papers
New York Times v. U.S. (1971)