fr's Flashcards
history
magna carta
bill of rights
declarations of the french revolution
USA
original constitution as drafted in the year 1787 did not contain any fundamental right.
incorporated the Bill of Rights in their Constitution in the year 1791
First Amendment
Freedom of Religion, Speech, Press, Assembly, and Petition
New York Times Co. v. United States
top-secret Department of Defense study about the U.S. government’s political and military involvement in Vietnam leaked to The New York Times and other newspapers.
government argued that the publication of the Pentagon Papers would endanger national security
Supreme Court ruled in favor of The New York Times and The Washington Post, upholding the principle of freedom of the press as a fundamental aspect of the First Amendment.
RATIO-Prior Restraint is Rarely Permissible, No Clear and Present Danger
Second Amendment
Right to Bear Arms
District of Columbia V. Heller,2008
D.C. had enacted strict gun control regulations
making them unusable for self-defense
Heller, a D.C. special police officer, applied for a handgun permit but was denied. He challenged D.C.’s gun control laws
Supreme Court ruled in favor of Heller and held that the Second Amendment protects an individual’s right to keep and bear arms for self-defense, Self-Defense in the Home, Reasonable Regulations
Dollree Mapp v. Ohio
police received a tip that a bombing suspect might be hiding in the home of Dollree Mapp.
No search warrant but forcibly entered his home
did not find the bombing suspect but discovered obscene materials Mapp was
arrested
Supreme Court ruled in favor of Dollree Mapp and held that evidence obtained through an illegal search and seizure is inadmissible in state criminal trials.
Ratio-Exclusionary Rule, Search warrant required
Fifth Amendment
Rights of Accused Persons
Protection from self-incrimination
to due process of law
double jeopardy
just compensation for private property taken for public use
Sixth Amendment
Right to a Fair Trial
Gideon v. Wainwright
Gideon was charged with breaking and entering
Gideon requested the court to appoint an attorney
judge denied his request
He filed a petition in Supreme court
Court ruled in favor of Clarence Gideon and held that the Sixth Amendment’s right to counsel applies to state criminal trials, and the states must provide counsel to indigent defendants in all criminal cases where imprisonment is a possible punishment.
Eighth Amendment
prohibits cruel and unusual punishment and excessive bail or fines.
13th Amendment
abolished slavery
14th Amendment
citizenship, equal protection under the law, and due process.
19th Amendment
suffrage to women across the United States.
