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freedom of press, assembly, and petition, speech
nessacary of propper and commerce clause
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People can form a militia and bear arms.
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People cannot face searches and seizures that are unreasonable. A warrant with probable cause is required.
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People cannot face searches and seizures that are unreasonable. A warrant with probable cause is required.
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People accused of a crime cannot be indicted without a grand jury, be tried for the same crime twice (double jeopardy), or be forced to self-incriminate. They are also guaranteed due process, a process done so the person in question can prove their innocence properly during this time. People also cannot be forced to give up property without fair compensation, AKA eminent domain. (Takings Clause)
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In criminal cases, the accused must have a public and speedy trial, and also be informed of the charges they were given. They also can have witnesses in support of them and must be allowed to see their accuser in court. The accused also are guaranteed assistance of counsel (a public defender).
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In civil cases, people are guaranteed a trial by jury.
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People cannot be fined or have a bail set unreasonably. They also cannot be punished in a way that is deemed “cruel and unusual”.
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The rights in the Bill of Rights are not the only rights that people have
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mcculloch v Maryland 1819
implied powers, court was unanimous
united states v lopez
gun free zone, lopez argued congress exceeded congress power to regulate commerce supreme court voted 5-4
engel v vitale 1962
prayer in school, violated the first amendment, supreme court ruled 6-1. breached the wall of separation between, church and state
Wisconsin v yoder 1972
amish families taking there kids out of school at 8th grade, ruled in favor of the amish. afirmed the importance f religious freedom
tinker v des moines 1969
black arm bands, can express ourselves in school. protected by the first amendment as symbolic speech.
new york times co v united states 1971
pentagon papers were classified, 6-3 decision prior restraint
schneck v united states
involentarly drafts, leaflets were a clear danger to the war effort, free speech stops when it causes danger to the government 9-0
gideon v wrainwright 1963
entitled lawyer. overlled betts v brady. unanimous, 14th amendment, 6th amendment right to counsel
Mcdonald v Chicago
the right to bear arms for protection, 2th amendment, due process, makes it harder to regulate guns
brown v board of ed 1954
citizens united v federal election commission 2010
baker v carr 1962
shaw v reno
marbury v madison