gov bill of rights

Schenk v. United States

(L) Socialists distributing pamphlets urging people to avoid WWI draft on the grounds of violating the first amendment, convicted of violating Espionage Act of 1917 and appealed on violation of their First Amendment Rights

Tinker v. Des Moines Independent Community School District

(W) District created policy against wearing arm bands symbolizing truce support in Vietnam War, students sued after being sent home wearing arm bands on first amendment rights violation

Engel v. Vitale

(W) Court ruled a New York law requiring a short prayer before public school hours as unconstitutional due to violation of the First Amendment

Gideon v. Wainwright

(W) Person accused of burglary denied court-appointed attorney because Florida law only provided one for capital offenses, 6th amendment rights violated with due process clause in 14th amendment

New York Times Co. v. United States

(W) Court ruled that Nixon administrations use of prior restraint violated first amendment rights of the press, government can’t block publication without proof of grave or irreparable danger to national security

Wisconsin v. Yoder

(W) Court rules that state law requiring students to attend school violated first amendment freedom of religious practice for the Amish

McDonald v. Chicago

(W) Court rules that second amendment rights apply to local governments not just federal government through 14th amendment due process clause overturning state handgun ban

Establishment clause

First Amendment clause stating that no law respecting an establishment of religion and no single religion shall be established by the government

Free Exercise clause

First Amendment clause stating that the government cannot enforce religious expression, however there is wiggle room for government religion as long as no parties feel coerced

Civil Rights

Rights guaranteed to every US citizen which the government must defend and ensure are protected to establish equality for all Americans on legal grounds

Civil liberties

Rights of US citizens upon which the government is prohibited from infringing upon

Neutrality

A lense of interpretation of the BOR in which the holder does not feel particularly compelled to endorse either side of the case

Endorsement

A lense of interpretation of the BOR in which the holder openly supports a particular side of the case

Coersion

A lense of interpretation of the BOR in which the holder attempts to convince others to endorse their beliefs

Speech clause

First amendment clause regulating time/place/manner of free speech but NOT CONTENT. speech cannot create a clear or present danger

Libel, slander

Manners of information formatted by the press which are not protected by the first amendment

Collective right

second amendment interpretation focusing on “well-regulated militia,” citizens do not individually have the right to possess guns, local/state/federal bodies do have the authority to regulate firearms

Individual right

second amendment interpretation focusing on “the right of the people to keep and bear arms,” individual constitutional right to bear arms, restricts legislative bodies prohibiting from possession

War time

The only time at which a law may be passed to allow soldiers in homes via third amendment

Reasonable expectation of privacy

Having privacy in places or things if you personally expect privacy (subjective) and society considers that expectation reasonable (objective), protecting homes, personal communications, and items requiring keys/passwords, but not public spaces or voluntarily shared information. 

Probable cause

logical belief supported by facts and circumstances that a crime was or is about to be committed

Reasonable suspicion

reasonable belief that a crime is committed, more than a guess but less than probable cause

Exclusionary rule

If police do not follow/don’t have exception to the 4th amendment, illegally obtained evidence is dismissed in court

Double jeapordy

via the fifth amendment, a person can’t be tried for the same or similar crime more than once

Due process

via the fifth amendment, a person can’t be jailed/fired/executed unless all rights are followed

Eminent domain

via the fifth amendment, property can’t be taken unless government needs it for public use and pays for it

Self-incrimination

via the fifth amendment, a person can’t be forced to talk to police/judge/jury in a case against themself

Speedy and public trial clause

via 6th amendment, guarantees right to speedy trial, person cannot be kept waiting in jail

Impartial jury clause

via the 6th amendment, the right to a fair unbiased jury is guaranteed in the state/district of crime

Notice clause

via the 6th amendment, the right to know specific charges against defendent

Confrontation clause

via the 6th amendment, the right to cross-examine and face witnesses testifying against you

Compulsory process clause

via the 6th amendment, the right to call your own witnesses and compell their attendance

Assistance of counsel clause

via the 6th amendment, the right to a lawyer including court-appointed if one cannot be afforded

Preservation clause

via the 7th amendment, a guaranteed right to a jury trial in federal civil cases (common lawsuits >$20)

Reexamination clause

via the 7th amendment, federal courts are prevented from overturning jury fact-findings except by common law rules to establish finality of jury verdicts

(14th) Due process clause

States no state shall deprive any person of life, liberty, or property without due process of law, applying federal protections to the states.