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Civil Rights/Liberties

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The Tenth Amendment
Powers and rights reserved to the states.
What cases dealt with Capital Punishment?
Greg v. Georgia - ruled death penalty constitutional
The Ninth Amendment
Powers and rights reserved to the people.
New York Times v. U.S.
Pentagon papers printing about Vietnam from ex-CIA.

Constitutional.
Near v. Minnesota
Newspaper wanted to print about corrupt gov't officials- freedom of press
Constitutional
Cohen v. California
Protesting war with jacket

"keeping the peace"?

Constitutional.
Chalinsky v. New Hampshire
Cussed out an official
Freedom of speech?

Unconstitutional
Gitlow v. New York
Socialist passed out leaflets to change gov't with assembly
Constitutional.
Schenck v. U.S.
Schenck didn't think U.S. should be in World War - passed out pamphlets
Unconstitutional.
Texas v. Johnson
Man burned flag exercising freedom of speech in protest

Unconstitutional.
Tinker v. Desmoines
Students were wearing black bands to protest war.
Freedom of speech
Unconstitutional.
West Virginia Bd. of Ed. V. Barnette
Reversed Minersville v. Globitis

Compulsoty flag-salute.Unconstitutional
Globitis v. Minersville school district
Upheld school board regulation that required students to salute the flag
Oregon v. Smith
A state may deny unemployment benefits to an employee who is fired because he used peyote in violation of the company's drug policy.
Goldman v. Weinberger
U.S. Air Force can forbid Orthodox Jew from wearing his yarmulke if it interferes with his duties.
Reynolds v. U.S.
Polygomy

Unconstitutional if it interferes social duties
Wallace v. Jaffee
Law provided AL for 1 minute of silence
Violate Establishment Clause?
Unconstitutional
Lee v. Weisman
Prayer at beginning of H.S. graduation
Violate Establishment Clause?
Unconstitutional .
Lemon v. Kurtzman
Reimbursements to cover costs for salaries, textbooks
B/c to private- violate Est. Clause?
Unconstitutional
Everson v. Board of Ed.
Busing provided for all children
Violate Establishment Clause

Constitutional- benefit kids
Santa Fe School District v. Dol
Student led prayer at beginning of football games.
Violate Establishment Clause
Unconstitutional
Engel v. Vitale
NY State Board of Regents wrote a prayer to use

Unconstitutional
Epperson v. Arkansas
Law forbid teaching of scientific theory of evolution.
Unconstitutional
Lynch v. Donnelly
Nativity scene in seasonal display

Constitutional
County of Allegheny v. ACLU
Seasonal display endorsing Christian doctorine

Unconstitutional
14th Amendment Civil Rights Cases
Plessy v. Fergusen- "separate but equal"
Brown v. Board of Ed of Topeka- overrulled plessy UNconstitutional
The 14th Amendment
Forbids states to deny any person equal protection of the law
Affirmative action
government programs and policy that try to rectify discrimination
14th amendment affirmative actions cases
Reg. of U.C. v. Bakke-upheld affirmative action Quota system:unconstitutional
Gratz v. Bollinger/Grutter v. Bollinger
14th amendment woman cases
Reed v. Reed Unconstitutional

U.S. v. Virginia Unconstitutional
Bill of Rights
1st ten amendments
What does the First amendment guarantee?
Freedom of petition, assembly, press religion, speech
What does the second amendment guarantee?
The right to bear arms
What are the stipluations to the second Amendment?
Each state can limit the law
Third Amendment
Forbids the quartering of soldiers in private homes in times of peace or in times of war except in a manner to be prescribed by law.
The Fourth Amendment
protects against unreasonable searches and seizures
Probable Cause
reasonable grounds
Fourth amendment Stipulations/Case
Police need a search warrant BUT not when evidence is in plain view
Minnesota v. Carr
Minessota v. Carr
Police spotted men bagging cocaine in friends appt.-arrested
Constitutional
Seizure
arrest of a person
Are policemen allowed to search your car without a warrant if they believe there is evidence of a crime?
Yes
What stipulations are there to the Exlclusionary Act?
Inevitable discovery- use would have been helpful
Good Faith
Can a police officer arrest a person in a public place?
Yes with a warrant, provided they have probable cause.
What two cases established the exclusionary rule?
Weeks v. U.S. and Mapps v. OH
Exclusionary Rule
Any illegally obtained evidence found by police cannot be used in court.
The 5th amendment
Protects against..
1. double jeopardy
2. self-incrimination
Miranda v. Arizona
Miranda v. Arizona
A retarded man convicted of rape and kidnapping confessed before police read tights
Unconstitutional
Miranda Rule
Before police may question, those people must be read their rights
The sixth Amendment
guarantees the right to...
a speedy and public trial
a trial by jury
an adequate defense
What 2 cases were invovled in the 6th amendment?
Gideon v. Wainright and Escobedo v. Illinois
The 7th Amendment
Guarantees right to a criminal trial in cases of money exceedning the amt of 20 dollars.
The Eigtht Amendment
protects agains excessive bail and cruel and unusual punishment

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