Unit 3 Flashcards
Unenumerated rights of the people
9th Amendment
No official religion or preferential treatment for a religion. Gov. can’t force a religion onto the people.
Establishment Clause
States cannot hold prayers in public schools, even if participation is voluntary and the prayer isn’t tied to a specific religion.
Engel v. Vitale (1962)
The right to practice the religion of your choice
Free exercise clause
Compelling Amish students to attend public school beyond 8th grade violates the free exercise clause
Wisconsin v. Yoder (1972)
Students have free speech; symbolic speech is pure speech; schools can only limit speech if it interferes with the operation of the school.
Tinker v. Des Moines (1969)
Speech can be limited if it creates a clear and present danger. Upheld the Espionage Act.
Schenck v. U.S. (1919)
Libel, slander, obscenity, speech intended to incite “imminent illegal action” and “likely to produce such a result”
Unprotected speech:
Because of the First Amendment’s freedom of press there is a heavy presumption against prior restraint; government couldn’t block publication of the Pentagon Papers
New York Times v. U.S (1971)
On a case by case basis, the supreme court started applying parts of the bill of rights to apply to the states, (now the states cannot deny the people their rights in the Bill of Rights) the court used the 14th amendment due process to justify having the power to do so 14th amendment due process =.”…nor shall any state deprive any person of life, liberty, or property, without due process of law.”
Selective Incorporation
Suspects in custody must be informed of their 5th and 6th amendment rights
Miranda Rule
incorporated an individuals right to bear arms (2nd amendment through the 14th’s due process clause)
McDonald v. Chicago (2010)
Incorporated the right to an attorney (6th amendment) through the 14th’s due process clause
Gideon v. Wainwright (1963)
Established and incorporated a right to an abortion (right of privacy and the 14th amendment’s due process clause)
Roe v. Wade (1973)
Protect individual personal liberty by limiting federal government.
Purpose of Bill of Rights