US History I Honors Unit 5 - The Bill of Rights

First Amendment

This amendment was originally the third, but the first two got cut.

This limits to government and government agents and outlines the freedoms granted with citizenship

Freedom of Religion

First Amendment.

A person is free to follow whichever religion they choose

Establishment Clause

First Amendment.

 This prohibits the federal government from creating an established church or favoring one over another

Engel v Vitale

First Amendment

This court case forbids prayer in schools (even if it is optional)

• “Separation of church and state” (Thomas Jefferson)

Allegheny v ACLU

First Amendment

(1989 Courtcase): Anything displayed on government property that “clearly expressed official endorsement” of a religion is not allowed (nativity + menorah situation)

Free Exercise Clause

First Amendment

This prohibits the  government from interfering with any expression of religious belief

Compelling Interest

First Amendment

The government can interfere with free exercise if it has “__________” (if it is essential/necessary rather than a choice (ie public safety))

Freedom of Speech

First Amendment

This Freedom is something uniquely American and is thought to be the “lifeblood of self government” as it allows for the free exchange of ideas.

Pure Speech

First Amendment

using one’s voice to speak

Speech-plus

First Amendment

Holding up a sign or billboard with a message (not newspaper or verbal)

Symbolic Speech

First Amendment

 An act that represents a position or idea

Buckley v Moleo

First Amendment

(1976 Courtcase): Political speech is free speech and can have limitless funding (political campaigns)

Public Forum

First Amendment

 if you have a _______, it has to be open to everyone regardless of their ideas

Time, Place, and Manner

_____________ of demonstrations or actions needs to be reasonable. (You cannot march through a residential neighborhood at 3am or block public streets)

Right not to speak

First Amendment

You don’t have to answer or speak your ideas in any given setting. This does not apply to a classroom.

Obscenity

First Amendment.

This limit on free speech concerns whether it is “appropriate” or not. It concerns books, TV, and varies from place to place

Defamaition

First Amendment.

Hurting someone’s reputation by false accusation

Libel

First Amendment

Defamation by writing

Slander

First Amendment

Verbal Defamation

Actual Malice

First Amendment.

The standard for proving defamation: The knowledge that a statement was false or else had reckless disregard for the fact

NYT v Sullivan

First Amendment

This courtcase decided that the standard for proving defamation is actual malice

Fighting Words

First Amendment

 Comments that are abusive/insulting and are delivered face to face

• Comments provoking a fight to an individual

Hate Speech

First Amendment

A type of fighting word that targets a protected minority with the intent to threaten or intimidate

Clear and Present Danger

First Amendment

Speech that incites illegal action is speech that creates a ________________

Schenk v US

First Amendment

A 1919 court case that decided that In wartime, speech that poses a “clear and present danger of inciting imminent, lawless action” can be restricted, comparing it to “falsely shouting fire in a theater and causing panic. → cannot distribute anti war leaflets that violated the Espionage Act

Tinker v Des Moines

First Amendment,

1961. This court case decided that  The suspension of students wearing armbands protesting the Vietnam War was unconstitutional.

      • Is it disrupting the class physically or otherwise?

Freedom of the Press

First Amendment

This freedom protects the newspapers, radio, and internet

Seditious Libel

First Amendment.

Words against the government. (Zenger Case)

Prior Restraint

First Amendment (Freedom of the Press)

The government can censor a word before publication if it is of importance (if the country is at risk or there is a national danger).

Right to Peaceably Assemble

First Amendment.

Although you have the right to assemble peacefully, you cannot:

• Go into public streets or trespass after hours

• Discriminate

You may be restricted for time, place, and manner

Right to Petition

This right has its roots in the Magna Carta and the English Bill of Rights.

You may petition without penalty

Second Amendment

The Right to Bear Arms

DC v Hiller

Second Amendment.

2008, First case with individual right to self-defense

• A 1975 law restricted handguns for people in DC (federal district)

• It required firearms to be unloaded, disassembled

• However, the court ruled that a firearm may be kept in federal enclave in a residence 

  • “ a fundamental right”

McDonald v Chicago

Second Amendment

2010. The same ruling from DC v Hiller was applied for states (cannot ban self defense firearms)

Third Amendment

Quartering

• Protects owners right to property without government interference

• Has never been subjected to a SCOTUS Decision

  • Rarely discussed

Fourth Amendment

“Search and Seizure” (Amendment)

Warrant

Fourth Amendment.

Neither search nor seizure may happen without a _______

These limit the government’s ability to harass people and protect against arbitrary arrest

Needed from a court judge to conduct a search. You have to prove probable cause

Search

Fourth Amendment.

This action includes frisking, blood tests, or home/car being searched

Seizure

Fourth Amendment.

This term means the government takes control of something in individual possession (including person)

Probable Cause

Fourth Amendment.

The standard for getting a search warrant. The probability of evidence of a crime being found

Mapp v Ohio

Fourth Amendment.

This court case creates the Exclusionary Rule

• Excludes illegally gathered evidence

• Cannot be collected before a warrant

  • Cannot be used in court

Exclusionary Rule

Fourth Amendment.

This rule Excludes illegally gathered evidence

• Cannot be collected before a warrant

  • Cannot be used in court

Plain view exception

Fourth Amendment

This allows an officer to sieze something nearby that is in ¨Plain view” without a warrantE

Exigent Circumstances

Fourth Amendment

If you run, it is grounds for a search

Terry v Ohio

Fourth Amendment.

This court case decides that you can pat down a person if there is reasonable suspicion or to secure an area

Reasonable Suspicion

Fourth Amendment.

Schools have a lower requirement to search.

• Who is doing the search

• What is the suspicion

• Where is it taking place

• Degree of invasiveness and degree of danger are to be considered

Federal Communications Act

Fourth Amendment.

 (1934): You cannot wire tap a phone or telegraph without a warrant

“Right to privacy”

Katz v US

Fourth Amendment

This case decides that  Individuals have a general right to have their private affairs be conducted without government involvement (reasonable expectation of privacy)→ cannot wiretap a phone

• GPS, Tracking is implied

Fifth Amendment

Fairness Addressed (Amendment)

• Creates a fair balance between individual right and government resources

  • A fair method to try people accused of a crime

• Roots in English tradition: Magna Carta + Bill of Rights

Right to a Grand Jury

Fifth Amendment.

The right to have serious charges “screened” to check if it is enough evidence for a trial

Indictment

Formal charge of a crime

No Double Jeopardy

Fifth Amendment

• Cannot try to defendants more than once for the same crime

  • Limits the government's unlimited resources

• If acquitted, a person cannot be persecuted again

This does not apply in the cases of:

• Mistrial (if the jury is hung) (does not agree)

• Civil and criminal court

• Appeals trials

• Multiple trials on different charges at the same time

US v Lanza

Fifth Case

This case decides that concurrent jurisdiction (state,federal) does not count as double jeopardy

Right Against Self Incrimination

Fifth Amendment.

This protects people from saying anything to police or judge that could incriminate them

Miranda v Arizona

Fifth Amendment.

The “right to stay silent” and the Miranda Rights come from ________.

• Confession must be voluntary

• Need to know rights before waiving them

• No longer limited to in-court testimony

• Includes custody (when you are being arrested)

Immunity

Fifth Amendment

Testimony can be coerced if _____ is granted (do not serve if give up someone else)

Due Process Clause

Fifth Amendment

Protects the accused from being in prison without standard procedure

This safeguards an individual from the power of the state

Eminent Domain

Fifth Amendment.

“The Takings Clause”

This attempts to balance the government’s need for property for public good with individual property rights. The government may take your property for public good and pay you market price.

Just Comensation

Fifth Amendment

The government needs to give market value when taking property for the public good (schools, malls, etc.)

Kelo v New London, CT

Fifth Amendment.

2005: A family owned a property that was empty. A developer wanted to turn it into a strip mall, and had the town seize it. This was possible because the value from taxes from the mall would have been greater than the value of the empty home. This is significant because a private property was given to a private developer. 

Sixth Amendment

Right to a Fair Trial (Amendment),

Descriptors of a fair criminal trial

Speedy Trial

Sixth Amendment.

You cannot wait too long to try someone

Public Trial

Sixth Amendment

Prevents abuses to the judicial system by opening the trial to the community. However, cameras and attendees may be limited

Waiver

Sixth Amendment

A person may waive their right to a trial by jury and choose to go before a judge only

Right to face their accusers

Sixth Amendment

A person has the right to face the accuser, with exceptions for small children

Right to an Attorney

Sixth Amendment

A person gets an attorney no matter their ability to pay

Gideon v Wainright

Sixth Amendment

1963: This court case says that If a person cannot pay for an attorney, the government must provide one

Seventh Amendment

Right to a Trial by Jury (Amendment)

Civil Cases

Seventh Amendment

 A person may sue to obtain money → no one is sent to jail but they can have a restraining order placed upon them

State Exception

Seventh Amendment

states may choose not to have a jury for civil trials

Eighth Amendment

Cruel and Unusual Punishment (Amendment)

Bail

Eighth Amendment

Money paid by the defendant to be free until their trial. They get the money back at trial

No excessive bail

Eighth Amendment

 Bail has to be fair for all

• Flight risk, harm, financial circumstances

  • Bail may be refused if risk of harm or flight

Cruel and Unusual Punishment

This restriction is intended to outlaw gruesome punishments like torture

27 states have the death penalty, and it is also an option and the federal level

Roper v Simmons

Eighth Amendment

2005: This court case outlaws the death penalty for those under 18 at the federal level

Atkins v Virginia

Eighth Amendment

2002: Any defendant that is mentally ill is ineligible for the death penalty because they cannot understand the consequences of their actions. (What happens when people go insane on death row?)

Death Penalty

At the federal level, you can only be sentenced to this for murder. However, states have no such restriction

Ninth Amendment

This amendment is a sort of safety net. Americans have other unlisted rights

Tenth Amendment

Federalism Preserved (Amendment)

• Preserves state-government balance

• Education / Schools are left to the states

• A check on the federal government