A.P. Government Unit 3

1st Amendment

Rights to religion, speech, press, assembly, petition

2nd Amendment

Right to bear arms

4th Amendment

Right to search and seizure

5th Amendment

Right to grand jury, double jeopardy, self incrimination, due process

6th Amendment

Right of accused in criminal prosecution. Rights to jury trial, to confront opposing witnesses, and to counsel

8th Amendment

Protections against excessive bail, cruel and unusual punishment

9th amendment

Certain rights should not be construed to deny or disparage others

14th amendment

Protects rights against state infringements, defines citizenship, prohibits states from interfering with privileges and immunities, requires due process and equal protection, punishes states for denying vote, and disqualifies Confederate officials and debts

Civil Rights

-Enforceable rights or privileges
-Concerns equality of rights for all citizens no matter ethnicity, race, age, gender, sexuality, religion, or other characteristics

Civil Liberties

-Fundamental rights, either implicitly or explicitly, listed in the constitution

Engel v. Vitale

-A short, but voluntary prayer was authorized to be recited at the beginning of each day.
-Several organizations filed suit because it violated their "right of religion"
-Court held that states could not hold prayers in public school even if it was voluntary and not a specific religion because it would go against 1st amendment
-(for public schools)

Wisconsin v. Yoder

-Yoder, as well as other Amish parents, refused to send their children to school after the 8th grade because it did not agree with their religion
-Charged under Wisconsin law that required students to attend school until age 16.
-Court ruled that the requirement to send children to school beyond 8th grade was unconstitutional. An individual's freedom of religion was more powerful than the federal interest in sending children to school beyond 8th grade

Tinker v. Des Moines Independent Community School District

-A group of students decided to wear black armbands to protest the Vietnam War. The school warned them not to, but they did anyway. The school sent them home
-Students sued the school for violating freedom of expression
-Court ruled that students still have free speech rights at school. In order for the school to suppress speech, the speech must substantially interfere with school operations.

New York Times Co. v. United States

-Nixon administration tried to prevent the NYT from publishing material that belonged to a Defense Department study about US intervention in Vietnam. Nixon stated it was necessary to national security to prohibit it before publication
-Court ruled in favor of freedom of the press and gave the NYT the permission to release the papers, even for national security purposes

Schenck v. United States

-Schenck distributed leaflets that the draft violated the 13th amendment (prohibiting involuntary servitude). The leaflets encouraged disobeying the draft, and Schenck was charged with violating the Espionage Act of 1917. Appealed on grounds of 1st amendment
-Court ruled that the Espionage Act did not violate the 1st amendment and it was an appropriate exercise of congress' wartime authority

Gideon v. Wainwright

-Gideon was charged in Florida state court on a felony. During trial, he asked to receive a court-appointed lawyer; however, according to Florida state law, an indigent defendant could only have an attorney be appointed in capital crimes/cases. Gideon filed a habeas corpus suit, saying that the court violated his rights
-Court ruled that 6th amendment's right to counsel applies to state courts via 14th amendment. Because the right of counsel is fundamental, it should be incorporated into the states

Roe v. Wade

-"Jane Roe" wanted an abortion but could not have one legally in Texas because of state law
-Court ruled that a woman's right to abortion fell withing the right of privacy that was clarified in Griswold v. Connecticut, and was therefore protected by the 14th amendment.

McDonald v. Chicago

-Chicago passed a handgun ban law, and several suits were filed against the city challenging the ban after another case (DC v. Heller {DC handgun ban violated the 2nd amendment})
-Court ruled that the handgun ban was unconstitutional because the right to self defense was fundamental

Brown v. Board of Education

-African American students had been denied admittance to public schools because of segregation laws, and many argued it was a violation of the constitution
-Court ruled that "separate but equal" is unequal and that racial segregation of public schools in unconstitutional.