Bill of Rights
Describe the origins of the Bill of Rights
The Bill of Rights was a compromise made during the Constitutional Convention. Anti-federalists were concerned about an overreaching tyrannical federal government, so they pushed to include a Bill of Rights (to protect ppl) as a condition for their agreement to ratify the Constitution
What are the 5 freedoms included in the 1st amendment?
Speech, Religion, Press, Assembly, and Petition
In this case the Supreme Court decided that the 2nd Amendment right to bear arms applies to the states through the Fourteenth Amendment’s Due Process Clause.
McDonald v. Chicagho
The 10th Amendment reserves powers to the states, yet this constitutional change added later effectively reduced state autonomy in civil rights issues. (aka the equal rights amendment, meant to protect individuals from state discrimination)
14th amendment
Which amendment prohibits excessive bail?
8th
This 1962 case ruled that a state-written school prayer violated the establishment clause even when participation was voluntary.
a. Schenck v. US
b. Gideon v. Wainwright
c. Engel v. Vitale
d. Tinker v. De Moines
e. Wisconsin v. Yoder
f. McDonald v. Chicago
c. Engel v. Vitale
This judicial process has expanded federal protections against state action by applying specific amendments one at a time. (applying amendments from the BOR to state cases)
Selective Incorporation
The Miranda Rule stems from this fundamental constitutional protection. (found in the BOR)
The right to remain silent (5th!!)
This term describes freedoms that exist because the Constitution limits government power, not because the government grants them.
Civil Liberties
There are limits to free speech. Name a type of speech that is not protected under the first amendment
Seditious Speech – advocating of an attempt to overthrow the government by force/violence
Obscenities – offensive or indecent words or phrase
Libel – False and malicious use of printed words
Slander – False and malicious use of spoken words
This principle explains why freedom of press can conflict with the Sixth Amendment.
the right to a fair trial could be threatened by publicity/ prior knowledge or opinions
This 1896 case justified state segregation laws under the phrase “separate but equal.”
Plessy v. Ferguson
Which Amendment in the BOR serves as a 'safety net', meaning that people retain rights beyond what is listed and the government can't deny or limit them just because they aren't in the bill of rights.
9th!!!!!!!!!!!!!!!!
In this SCOTUS case, it was ruled that public school students retain their First Amendment right to symbolic speech (like wearing armbands) so long as it does not “materially and substantially” disrupt school operations.
Tinker v. Des Moines (1969)
This case incorporated the right to legal counsel by arguing that states must provide lawyers to ensure fundamental fairness.
Gideon v. Wainwright
This legal standard allowed the government to restrict speech if it was deemed as a threat.
(hint-- was used in Schenck case)
Clear and Present Danger Rule
The 6th amendment actually includes 6 individual rights, name 3 of them
1. right to a speedy and public trial
2. the right to an impartial jury
3. the right to be informed of the charges against you
4. the right to confront witnesses
5. the right to the means for obtaining witnesses in your favor
6. the right to assistance of counsel
The right we have to freedom of religion actually includes two distinct and separate clauses. Name and explain those two clauses
Establishment Clause: The government cannot establish an official religion. Also meant to prevent gov sponsored churches
Free Exercise Clause: The government cannot stop individuals from practicing their religion.
This case held that medical decisions are protected by the constitutional right to privacy (established by the combo of several amendments)
Roe v. Wade
This legal standard says government actions that infringe on fundamental rights must serve a pressing concern to the govt. in order to evaluate the limiting of them.
compelling interest