Amendments/Court Cases Flashcards
right to vote may not be denied on basis of race or previous condition of servitude
15TH AMENDMENT
Protects freedom of religion, speech, press, assembly, petition of govt…Congress shall make no law (this is a limitation on govt)
1ST AMENDMENT
Protects the right to bear arms/well regulated militia
2ND AMENDMENT
no quartering of soldiers in your home during peacetime without your consent; during war time only as prescribed by law
3RD AMENDMENT
No searches/seizures without a warrant
4TH AMENDMENT
Protects the rights of those accused of a crime, to include due process and no self incrimination
5TH AMENDMENT
The right to a public trial by a jury, right to have witnesses on your behalf, right to legal counsel.
6TH AMENDMENT
Jury Trial for CIVIL CASES
7TH AMENDMENT
No excessive fines, no cruel and unusual punishment
8TH AMENDMENT
Unlisted rights are protected
9TH AMENDMENT
Protects reserved powers of the states
10TH AMENDMENT
Separate electoral college ballots for president and vice president
12TH AMENDMENT
Abolished slavery
13TH AMENDMENT
Think CDE Citizenship for those born or naturalized in the US:
Due process—STATES must provide due process before depriving one of life, liberty, property Equal Protection Clause: States must provide equal protection of the laws
14TH AMENDMENT
Right to vote may not be denied on basis of race
15TH AMENDMENT
Direct election of US Senators
17TH AMENDMENT
Right to vote for women (gender cannot be used as a basis for denying right to vote)
19TH AMENDMENT
Term limits for president (2 terms of 4 years).
22ND AMENDMENT
Gives DC three electoral college votes
23RD AMENDMENT
States may not impose poll taxes
24TH AMENDMENT
Lowers the voting age from 21 to 18th
26TH AMENDMENT
Establishment Clause; government cannot give money to private, religious schools (1st Amendment)
LEMON v. KURTZMAN
Free Exercise Clause; not required to allow contraceptives but must show consistent religious belief; 1st Amendment
BURWELL v. HOBBY LOBBY
symbolic speech protected for high school students; 1st Amendment
TINKER V DES MOINES SCHOOL DISTRICT
symbolic political speech; burning of American flag; 1st Amendment
TEXAS V. JOHNSON
when is speech considered obscene; protects indecent pornography as freedom of speech; 1st Amendment
MILLER V CALIFORNIA
can be punished for imminent lawless action; ties into incitement/promoting a criminal act; 1st Amendment
BRANDENBURG V OHIO
Supreme Court affirmed that both Congress and state governments expanding on Cruikshank decision, have the ability to restrict gun ownership; 2nd Amendment
UNITED STATES V. MILLER
gun ownership is an individual liberty unconnected with the military or militias, therefore gun ownership cannot be restricted; 2nd Amendment
DISTRICT OF COLUMBIA V.HELLER
evidence obtained without a warrant can not be used in a criminal trial; 4th Amendment
MAPP V OHIO
court required that people suspected of criminal activity be informed of their most important constitutional rights, including the right to remain silent; 5th Amendment
MIRANDA V. ARIZONA
the court extended the requirement of a court-appointed attorney to indigent defendants facing jail or prison in a non-capital case; 6TH AMENDMENT
GIDEON V. WAINWRIGHT
death penalty must be applied in a equitable way; later cases clarified that a jury must be involved in the sentencing phase with guidelines; 8TH AMENDMENT
FURMAN V GEORGIA
until court’s ruling, it was a crime to use birth control or provide advice about birth control in CT; Supreme Court Ruled the law unconstitutional; violated inferred right to privacy for married couples; 9TH Amendment
GRISWOLD V CONNECTICUT
Supreme Court struck down a Texas law that limited abortion to only when a mother’s life is in danger; court extended the idea of reproductive privacy in the earlier Griswold case to include accessing abortion unrestricted in 1st trimester; 9th Amendment
ROE V WADE
This was a narrow interpretation of the equal protection clause…Supreme Ct ruled that racially separate facilities do not violate the equal protection clause as long as they are equal (this is the separate but equal doctrine. This ruling allowed segregation laws (known as Jim Crow laws) to be passed; 14th Amendment
PLESSY V FERGUSON
Sup. Ct. ruled that racially segregated public education was unconstitutional…violates the equal protection clause; 14TH AMENDMENT
BROWN V BOARD OF EDUCATION
states must issue marriage licenses to all couples; states must recognize licenses issued to same sex couples in other states; 14TH AMENDMENT
OBERFELL V HODGES
