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Freedoms, Petitions, Assembly

speech

Liberty

Pursuit of happiness

Example: A girl saying she hates a bill and so she does a blog on Congress.

Court case: One key court case that set a precedent for the interpretation of the First Amendment's protection of freedom of speech is Schenck v. United States (1919). In this case, Charles Schenck was charged with violating the Espionage Act for distributing leaflets urging resistance to the draft during World War I. The Supreme Court upheld his conviction, establishing the "clear and present danger" test. This doctrine determined that speech could be limited if it presented a significant risk of causing harm or lawlessness.

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The right to bear arms

Example: An example of the Second Amendment is the ability of someone to own a gun in their home for self-defense. weapons that are in common use (1) by law-abiding citizens, (2) for lawful purposes 21 and older for hand-guns

Court case: The right to bear arms is protected under the Second Amendment, which grants individuals the ability to own firearms for purposes such as self-defense. A significant court case related to this is District of Columbia v. Heller, decided by the Supreme Court in 2008. In this landmark decision, the Court ruled that individuals have a constitutional right to possess a firearm for self-defense within their home, striking down a Washington, D.C. law that banned the possession of handguns. This case reaffirmed the interpretation of the Second Amendment as protecting an individual's right to bear arms, separate from service in a militia.

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Quartering of soldiers

This amendment means that no solider can be quartered, or be placed to live in, people's homes without their permission.

For example: if soldiers came to your home, they could only live there if you permitted them.

Court case: Engblom v. Carey is a significant court case concerning the Third Amendment, which prohibits the quartering of soldiers in private homes without consent. The case involved prison guards who lived in state-owned housing and found soldiers placed there during a strike. The court ruled in favor of the guards, emphasizing that the state could not quarter soldiers in their residences without permission, thus reinforcing protections against involuntary quartering.

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Search and Arrest

Example: Police searching someone's home without a warrant or conducting an extensive search of a vehicle during a routine traffic stop without probable cause.

Court case: Olmstead v. United States (1928) was a Supreme Court case that addressed the legality of wiretapping without a warrant. Roy Olmstead, a suspected bootlegger, argued that wiretaps on his phone lines violated his Fourth Amendment rights. The Court ruled that wiretapping did not constitute a search and seizure since there was no physical intrusion into Olmstead’s property. This decision allowed wiretapped conversations as evidence in court, highlighting the need for legal protections against unauthorized surveillance, which later influenced the passage of the Federal Communications Act.

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Rights in criminal cases

Example: The Fifth Amendment also protects criminal defendants from having to testify if they may incriminate themselves through the testimony. A witness may " plead the Fifth" and not answer if the witness believes answering the question may be self-incriminatory

Court case: Miranda v. Arizona (1966) In this landmark case, the Supreme Court ruled that individuals taken into police custody must be informed of their rights before being interrogated. Specifically, this includes the right to remain silent and the right to an attorney, as guaranteed by the Fifth and Sixth Amendments. The case arose when Ernesto Miranda's confession was used against him in court without being informed of these rights. The Court's decision established the "Miranda Rights," ensuring that suspects are aware of their legal protections to prevent self-incrimination.

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Right to a fair trial

Example: It gives citizens a series of rights in criminal trials. They include the right to a fast and public trial by an impartial jury, to be aware of the criminal charges, to confront witnesses during the trial, to have witnesses appear in the trial, and the right to legal representation.

Court case: Gideon v. Wainwright (1963): This landmark Supreme Court case ruled that the Sixth Amendment's guarantee of the right to counsel applies to state courts through the Fourteenth Amendment. The case arose when Clarence Gideon was charged with a felony but was denied a request for a free attorney. He represented himself at trial and was convicted. Gideon appealed, and the Supreme Court unanimously held that states are required to provide an attorney to defendants who cannot afford one, ensuring the right to a fair trial.

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Rights in civil cases

Example: Car accidents when someone is hurt or has property damage and files a lawsuit against the person they say is responsible, like the person who wrecked your scooter and doesn't want to replace it.

Court case: In Curtis v. Loether, the plaintiff, Curtis, conducted a car repair business and filed a lawsuit against Loether after damage occurred to his vehicle during a repair. The case centered on issues of liability and damages, particularly whether Loether was responsible for the repairs and if Curtis was entitled to compensation for the damages incurred. The court ultimately ruled in favor of Curtis, determining that Loether did not fulfill his obligations, and thus, Curtis was entitled to recover the costs for the damages. This case emphasizes the legal responsibilities in contractual agreements and the rights of individuals to seek redress in civil matters.

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Bail, Fines, Punishment

If a punishment is significantly harsher than punishments traditionally given for the same or similar crimes, it is cruel and unusual, even though the same punishment might be acceptable for other crimes.

For example: it would be cruel and unusual to impose a life sentence for a parking violation, but not for murder.

Court case: Wilson v. Seiter (1991) addressed the Eighth Amendment's prohibition of cruel and unusual punishment in the context of prison conditions. The Supreme Court ruled that inmates must show both harsh conditions and that prison officials acted with "deliberate indifference" to those conditions. This case set a higher standard for proving claims related to prison conditions under the Eighth Amendment.

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Rights retained by the people

Example: The government cannot take away the rights of the American people that are not specifically listed in the U.S. Constitution.

Court case: Roe v. Wade was a landmark 1973 Supreme Court case that recognized a woman's constitutional right to privacy, effectively legalizing abortion nationwide. The Court ruled that states could not impose excessive restrictions on a woman's choice to terminate her pregnancy, particularly during the first trimester. The decision established a framework balancing a woman's rights with the state's interest in regulating abortions as the pregnancy progresses.

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State's Rights

Example: The drinking age in American states has the power to determine what the legal drinking age should be, but every single state has chosen 21.

Court case: Printz v. United States (1997) In this case, the Supreme Court ruled that the federal government could not compel state officials to enforce federal laws, specifically the Brady Handgun Violence Prevention Act's requirement for state and local law enforcement to conduct background checks on handgun purchasers. The Court held that this requirement violated the principles of federalism by infringing on state sovereignty and the States' rights to manage their law enforcement operations. The decision emphasized the limitation of federal authority over state functions.