4.4 Amendments to the constitution concerning rights Flashcards
how does the supreme court protect rights in America?
- only the supreme court can rule on rights for which it can find a constitutional basis.
- vagueness means the court has been able to rule on an increasing number of rights overtime (abortion, same-sex marriage, gun rights, etc. )
the supreme court and the protection of rights
most notable protection comes from where?
- the bill of rights
- first 10 amendments to the constitution were ratified in 1791
- supreme courts interpretation can protect, extened, or challenge individual rights
brief overview of amendments
1st amendment
- freedom of speech
brief overview of amendments
2nd amendmnet
- right to bear amrs
brief overview of amendments
3rd amendmnet
- restricts the quartering of soliders in privat homes
brief overview of amendments
4th amendment
- prohibits unreasonable searches and seizures
- set requirements for search warrants
brief overview of amendments
5th amendment
- prohibits self incrimination
brief overview of amendments
6th amendment
- right to speedy trial
brief overview of amendments
7th amendment
- right to trial in civil lawsuits
brief overview of amendments
8th amendment
- prohibits cruel and unusual punishment
brief overview of amendments
14th amendment
- the right to marry is guaranteed to same-sex couples by the 14th amendment.
1st amendment case
Snyder v. Phelps
what happened?
8-1 ruling protected free speech in public, ‘even if considered offensive or causing emotional distress, is not limited’
- Westboro Baptist Church picketed his son’s funeral with signs containing offensive messages.
- Albert Snyder, the father of a deceased marine, sued them.
1st amendment religion
Burwell v. Hobby Lobby Stores 2014
ruling
the government cannot require employers to provide insurance cover for birth control if it conflicts with the religous beliefs of the employers.
1st amendment religion
Burwell v. Hobby Lobby Stores 2014
impact
- challenge to Obamacare
- All three female justices dissented, claiming it limited womens rights
- while the ruling applied only to a specific type of company, called ‘closely held,’ this type of buisiness amkes up more than 90% of american buisinesses.
2nd amendment gun control
D.C v Heller 2008
ruling?
- right to individual gun ownership without connection to a militia, and for use in the home for self defence
2nd amendment gun control
D.C v Heller 2008
impact?
- striked down a 1975 Act by the District of Columbia.
- The Court also ruled the 2nd amendment cannot be a ‘right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose’
2nd amendment gun control
Chicago v. McDonald 2010
ruling?
- the right to keep arms for self defence is also applicable to the states, as well as federal government law
2nd amendment gun control
Chicago v. McDonald 2010
impact?
- the ruling clarified the DC v. Heller ruling which applied to Washington DC, which is not a state.
- the justices in the majority also used the 14th amendment
4th amendment searches
Caetano v. Massachusetts 2016
ruling?
- the court ruled the amendment extends to ‘all instruments that constitute bearable amrs, even those that were not in existence at the time of the founding’
4th amendment searches
Caetano v. Massachusetts 2016
impact?
after being arrested for posession of a stun gun, Caetano’s case ended up in the Supreme Court under the 2nd amendment.
- this shows a considerable interpretation of what it means by ‘arms’
4th amendment searches
Carpenter v. US 2018
ruling
- to acquire cell phone location data amounts to a 4th amendment search and therefore a warrant is required to access it
4th amendment searches
Carpenter v US 2018
impact?
- one of the first landmark cases ruling on privacy
- it was notable also as a 5-4 decision in which 4 liberal justives were joined by chief justice Roberts (cons)
5th amendment right to silence
Berghuis v Thompkins
ruling?
- suspect remaining in silent in an interrogation does not invoke their 5th amendment right to silence.
5th amendment right to silence
Berguis v. Thompkins 2010
Impact?
- staying silent was not the same as invoking the right to remain silent
5th amendment right to silence
Salina v Texas 2013
ruling?
- remaining silent before being read your miranda rights can be used as evidence in a court of law
5th amendment right to silence
Salina v Texas 2013
impact?
- having answered police questions, a murder suspect fell silent when asked about his shotgun
- he had not been read his miranda rights
- the police used this silence as evidence of guilt
- the supreme court agreed, eroding the miranda rights
8th amendment capital punishment
Glossip v. Gross 2015
ruling?
- lethal injection using midazolam does not violate the ‘cruel and unusual punishments’ outlawed in the 8th amendment
8th amendment capital punishment
Glossip v. Gross 2015
impact?
- following the botched legal injection of Clayton Lockett 1 year earlier, Glossip argued this method of capital punishment was against the 8th amendment.
- Lethal injection had already been upheld in Baze v. Rees 2008, but many other Supreme Court cases placed limitations on the use of capital punishment
8th amendment capital punishment
Bucklew v Precythe 2018
ruling?
- if a convict claims a method of capital punishment is excessively painful, they must show alternatives.
8th amendment capital punishment
Bucklew v. Precythe 2018
impact?
- placed the burden on the convicts to show there were alternative methods of capital punishment if the one their state used was excessively painful
14th amendment womens and LGBTQ rights
Whole Woman’s Health v. Hellerstedt 2016
ruling?
- requirements placed on abortion centres by Tax law H.B. 2 were an ‘undue burden’ and therefore unconstitutional
-
14th amendment Women’s rights and LGBTQ+ rights
Whole Woman’s Health v. Hellerstedt 2016
impact?
- continuing to uphold the 1973 decision in Roe v. Wade but also overturning state law.
14th amendment Women’s rights and LGBTQ+ rights
Dobbs v. Jackson Women’s health organization 2022
ruling?
- RE: Mississippi 15 week abortion ban law
14th amendment Women’s rights and LGBTQ+ rights
Dobbs v Jackson Women’s Health Organisation 2022
impact?
- overturned Roe v. Wade and returned decisions on abortions to states
- trigger laws were ready to go in many states
- notably in their confirmation hearings, Barrett, Gorsuch, Kavanaugh all said Roe was ‘settled’ but voted against it .
14th amendment Women’s rights and LGBTQ+ rights
Obergefell v. Hodges 2015
ruling?
- the right to marry is guaranteed to same-sex couples by the 14th amendment
14th amendment Women’s rights and LGBTQ+ rights
Obergefell v. Hodges 2015
impact?
- made same-sex marriage legal in all 50 states
- overturned the law in 12 remaining states where it was outlawed.
