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McDonald v. Chicago
Rules that the right to state and local governments limiting the Second Amendment is unconstitutional. Decision was based on the principal of ‘selective incorporation’ of the Due Process Clause of the Fourteenth Amendment.
Examples of Fourth Amendment being violated?
NSA wire taps, Patriot Act, and telecommunication companies forced to give up private information.
Mapp v. Ohio
Court ruled that evidence gathered unconstitutionally is not allowed to be used in a court case. Established exclusionary clause.
Due Process
The government must give citizens a chance to defend themselves in a fair hearing before interfering with their rights.
Miranda v. Arizona
Established the Miranda warning/Miranda rights, states the rights a person has in custody(imprisonment) before interrogation. (right to shut the thing up)
Gideon v. Wainwright
Court appealed Clarence Earl Gideon’s robbery conviction. Ruled that on the grounds that the 14th Amendment incorporated the 6th Amendment’s right to counsel to the states. (provide an attorney)
Incorporation
Applying specific rights from the Bill of Rights to state government through the 14th Amendment’s Due Process Clause.
The Patriot Act and Impact
A law passed after 9/11 that expanded the government’s surveillance and investigatory powers to counter-act terrorism. Allow them to intercept communications. Expanded government role in national security while also raising concerns about civil liberties.
Roe v. Wade
Court held that a woman’s decision to have an abortion is protected by the right to privacy in the Fourteenth Amendment. Creates trimester framework.
What is and what is not considered constitutional under the 1st amendment?
The First Amendment protects RAPPS (Freedom of religion, assembly, petition, press, and speech). Some things that aren’t constitutional under the 1st Amendment are obscenity, defamation, incitement of lawless action, true threats, fighting words, fraud, etc.
Exclusionary clause
Ruled that evidence gathered unconstitutionally is not allowed to be used in a court case.