Bill of Rights Flashcards
Tinker vs. De Mones
- students don’t lose their free speech rights while at school
- schools can limit student speech if they feel the speech will interfere with the school days or someone else’s rights.
1st Amendment
FREEDOM of speech,press,religion,assembly,and petition. Also known as your “freedom of expression”.
Bethel vs. Fraser
- students do not have the same free speech rights as adults while at school
- schools can limit student speech that is lewd,indecent, and offensive.
- Schools can limit student speech that does not promote the schools mission towards education.
Hazelwood vs. Kuhleneier
-schools can limit student speech during a school sponsored event that may be on or off campus.
Morse vs. Frederick
-schools may limit student speech that contains pro-drug messages while on school grounds or during an school sponsored event.
2nd Amendment
The constitutional protection to own and possess a weapon or firearm.
United States v. Miller
The Unrestricted right to own and possess a firearm is limited to individuals that are associated with state militias (collective right)
D.C. v. Heller
The federal government cannot ban the use or ownership of a firearm for personal protection.
Individuals do not have to be part of a State Militia
to be protected under the 2nd Amendment
(Individual Right)
McDonald v. Chicago
The 2nd Amendment interpretation handed out by the D.C. v. Heller case is applied to the states. States cannot ban your used or ownership of a firearm for personal protection.
3rd Amendment
Prevents the government from forcing people to care for and house troops in their own homes.
4th Amendment
Protects against illegal searches and seizures without an warrant.
Weeks v. United States
This case created the exclusionary rule:illegally obtained evidence cannot be used in a court of law.Applies only in federal court cases.
Mapp v. Ohio
This case extends the protection of the exclusionary rule by applying it to all state courts.
5th Amendment
Protects the rights of the accused. protects from double jeopardy and self-incrimination. Right to an grand jury. Due Process, and eminent domain.
Miranda v. Arizona
Created the “Miranda Rights”. Right to remain silent and have an lawyer present,all while being questioned by authorities.
Kelo v. New London
The gov can take your private property for an private developer for economic growth.
6th Amendment
Trail rights. Rights to………….an speedy trail, and public trail,impartial jury,informed of your crime, confront your accuser, have witnesses for your defense, to have an lawyer.
Gideon v. Wainwright
Right to an lawyer for both federal and state criminal cases.
7th amendment
Right to an jury trial in an civil case
(Law Suit) for more than $5,000
8th Amendment
Protects against excessive bail and cruel & unusual punishment
Gregg. Georgia
The use of the death penalty is constitutional.
Roper v. Simmons
Individuals under the age of 18 cannot be executed for their crimes.
9th Amendment
Any rights that are not listed in the constitution are implied to exist upon judicial review.
10th Amendment
Any powers not listed in the constitution are reserved for the states.