Bill of rights and amendments

first amendment rights

• freedom of speech (exception clear and present danger and slander) ex. Scheck v. US (1919) and Tinker v. Des Moines

• freedom of press ( few instances which government can use prior restraint) ex. miller v. california and NY times v. US

• freedom of petitioning the government

• freedom of assembly (does not include groups that incite violence)

• freedom of religion (no human sacrifice, polygamy, and denial of medical treatment)

  • establishment clause: prevents government from establishing state religion

  • ex. wisconsin v. yoder

  • engel v. vitale

Second amendment

• right the bear arms

• mcDonald v. Chicago and US v. Lopez

Third amendment

• forbids quartering of soldiers and direct public support of armed forces

the fourth amendment

• restricts government agencies in criminal/ civil procedural investigation, protects a person’s belongings from unreasonable searches and seizures

• needs probable cause; search warrants

• exclusionary rule: all evidence illegally taken by police cannot be used as evidence

• objective good faith: allows convictions in cases where an illegal search occurred but was performed under the assumption that it was legal

• exigent circumstances ( reasons to believe evidence would disappear after a warrant was received)

the fifth amendment

• no double jeopardy, no self-incrimination, due process, property rights

• eminent domain ( seize property if it can be compensated)

• rights granted to the accused

• gideon v. wainwright

• cannot be forced to testify at a trial

• must be informed of their right to remain silence, right to lawyer

The sixth amendment

• rights of the accused, speedy trial, jury of peers, right to attorney

• habeas corpus: protects against illegal imprisonment ensures a person cannot be held indefinitely without being charged

the seventh amendment

• right to jury trial in civil cases

eighth amendment

• no excessive bail, no cruel or unusual punishment

• bail reform act

ninth amendment

• people retain rights not listed in constitution

• limited federal government

• rights not mentioned in constitution are still protected

• implied rights to privacy and other rights

tenth amendments

powers not delegated to the federal government are reserved to the states

eleventh amendment

restricts lawsuits against states in federal court

twelfth amendment

separate electoral ballots for president and vice president

Thirteen amendment

abolished slavery

fourteenth amendment

citizenship for all born or naturalized in the US ; due process and equal protection clause

fifteenth amendment

right to vote regardless of race, color, or previous servitude

sixteen amendment

income tax established

seventeenth amendmet

direct election of US senators by citizens

Eighteenth amendment

prohibition of alcohol

Nineteenth amendment

women’s suffrage

twentieth amendment

moved presidental inauguration to jan 20th

twenty-first amendment

repealed prohibtion

twenty-seconnd amendment

presidential term limits

twenty-third amendment

D.C residents can vote for president

twenty-fourth amendment

no poll taxes for voting

twenty-fifth amendment

established presidential succession and VP replacement

Twenty-sixth amendment

voting age lowered to 18

twenty-seventh amendment

no congressional pay raises during current term