The Amendments

1. The Amendments To the United States Constitution

2. The Bill of Rights Amendments 1-10

3. Background • 1791 • Adopted 2 yrs. after the ratification of the US Constitution after delegates to the Constitutional Convention agreed to the concept of a Bill of Rights as the first 10 amendments to the Constitution. • Established a basic definition of civil liberties- those rights that government cannot take away. • Established an individual’s due process rights and uses similar language from the Declaration of Independence to protect individuals against the government depriving them of “life, liberty, and property without due process.” • The bill of rights initially applied only to laws passed by the federal government. As a result of Supreme Court cases in the 20th century, the Bill of Rights was applied to the states through selective incorporation

4. First Amendment1791

5. Guaranteed that Congress could not make laws: • Establishing a state supported religion • Prohibiting the free exercise of a person’s religion • Abridging freedom of speech • Abridging freedom of press • Respecting the right to peaceably assemble • Respecting the right to petition the government

6. The Establishment Clause • Thomas Jefferson called for a “wall of separation between church and state.” • The clause was intended to prevent the federal government from supporting a national religion • Supreme Court interpretations of the clause deal with state financial support of religion, school prayer, and government-supported religious symbols • The court has been inconsistent in its rulings that deal with establishment issues, placing limitations on government support of religion while supporting a government entity’s right to recognize religion.

7. Engle v. Vitale1992under establishment clause • Facts: New York State had a mandatory requirement that all students must recite a nondenominational prayer that started with “Almighty God we acknowledge our dependence on thee…” each day along with the Pledge • Issue: Whether the establishment clause was violated by New York State • Decision: The court struck down the prayer, ruling that it violated the First Amendment’s separation of church and state • Related cases: Lee v. Weisman-1992- clergy at graduation ceremonies unconstitutional, Sante Fe Independent School District v. Doe-2000- school-led prayer prior to a football game unconstitutional.

8. Lemon v. Kurtzman1971establishment clause • Facts: A Pennsylvania law allowed state financial support, such as textbooks and teacher salaries, for secular subjects taught in parochial schools • Issue: Did the Pennsylvania law violate the First Amendment’s establishment clause? • Decision: The court ruled that the state violated the separation of church and state by providing aid to parochial schools • The court also developed a three-prong test as criteria for determining whether the establishment clause has been violated • Purpose of the legislation must be secular, not religious • Primary effect of legislation must neither advance nor inhibit religion • The legislation must avoid an excessive entanglement of government with religion

9. Free Exercise of Religion • This clause was included to allow citizens to practice religion without government interference • Free exercise of religion guarantees that one’s beliefs are protected but raises questions of whether actions based on those beliefs constitute a violation of the free exercise clause • Issues such as working on the Sabbath, the practice of polygamy, using illegal drugs as part of religious exercise, pledging allegiance to the flag, and home schooling because of religious beliefs have been raised and decided by the Supreme Court.

10. Reynolds v. United States1878free exercise of religion • Dealt with the practice of polygamy in the territory that would become Utah • Reynolds, a Mormon, was a polygamist and was arrested and convicted for violating a Utah law making polygamy illegal. Reynolds challenged the law based on the free exercise clause • The Supreme Court ruled that the law was constitutional and the practice of polygamy was not a violation of the free exercise clause

11. Employment Division of Oregon v. Smith1990free exercise of religion • Dealt with the practice by Native Americans of using peyote as part of their religious ritual. • Oregon refused to grant unemployment benefits because the Native Americans used illegal drugs and were dismissed from drug counseling jobs. • The Supreme Court upheld Oregon’s decision stating that there was a compelling government interest in regulating drugs.

12. Free Speech PrinciplesBackground • The issue of free speech revolves around the extent and limits the government can place on free expression • Speech is classified as expressive and symbolic • Individuals can bring up lawsuits, called slander, against entities that use speech to defame one’s character • Speech can also be limited during times of war if it can be proved that the speech limits the government’s ability to conduct its war policies • Speech can be limited if it is obscene or if the speech creates a threat to an individual or group • The Supreme Court has ruled that the First Amendment applies to the states through selective incorporation.

13. Gitlow v. New York1925free speech • Gitlow was a socialist who advocated through speech and pamphlets strikes and other civil actions that would accomplish his goals. • New York State had an anti-anarchy law and Gitlow was arrested and convicted for his actions • The Supreme Court upheld his conviction, creating a “dangerous tendency” test, and in its decisions ruled that the First Amendment applied to the states by virtue of the due process clause of the 14th Amendment. This was the 1st time selective incorporation was used by the court.

14. Chaplinsky v. New Hampshire1925free speech • Chaplinsky called a city official “a damn fascist” in a public place. He was arrested for violating a breach of the peace. • The Supreme Court upheld his conviction and in its ruling established the “fighting words doctrine”- words that can inflict injury or cause a breach of the peace can be regulated.

15. Schenck v. United Statesfree speech • Facts: Schenck mailed flyers to potential draftees urging them to defy the draft during World War I. He traveled around the country speaking out against the war and urged people to oppose the draft. • Issue: The United States government accused Schenck of violating the Espionage Act, which makes it insubordination and draft resistance illegal. Were Schenck’s actions a violation of his First Amendment right of free expression and free speech? • Decision and significance: The Supreme Court upheld Schenck’s conviction. Justice Holmes equated Schenck’s actions to yelling fire in a darkened movie theater. The court ruled that Schenck created a “clear and present danger” by advocating his position. • This doctrine gives the government the right to prosecute individuals who through expressive or symbolic speech create a “clear and present danger”

16. Tinker v. Des Moines1969free speech • Facts: Mary Beth Tinker was suspended from school for wearing a black armband protesting the Vietnam War. • Issue: Whether the protest represented symbolic speech under the First Amendment • Decision: the court ruled that the suspension was unjustified and that the black armband represented symbolic speech that was protected under the First Amendment. The court stated that student’s rights “do not stop at the schoolhouse gates” but also recognized that schools had the right to intervene if there was a “material and substantial” disruption of the school environment. • This was the first in a number of cases that raised the issue of whether students attending public schools were protected by the Bill of Rights.

17. Texas v. Johnson1989free speech • Facts: Gregory Lee Johnson was arrested for burning a US flag protesting Ronald Reagan’s policies and his nomination for a second term outside the Republican national Convention in Dallas. He was accused and convicted of breaking a law that prohibited the “desecration of a venerated object” • Issue: Whether Johnson’s protest represented symbolic speech under the First Amendment • Decision: the court ruled 5-4 that burning the flag for the purpose of political protest was symbolic speech and constitutional. • Significance: Congress failed to pass a constitutional amendment banning flag burning after a national law that prohibited flag burning also was ruled unconstitutional.

18. Free Press Principles • The First Amendment guarantee of a free press deals with the written word and whether there can be legitimate limitations placed on it by the government • One issue that is raised is whether the government can censor the press during a time of war • A second issue is whether the press can be censored as a result of the use of obscenities • A third issue is to what extent an individual is protected from the abuses of a free press. Libel is defined as the defamation of an individual ‘s character in the written word

19. John Peter Zenger Trial1731free press • John Peter Zenger, a journalist writing for the New Your Gazette, was highly critical of New York Governor William Cosby and wrote stinging editorials denouncing the governor • Governor Cosby accused Zenger of “seditious libel” and brought Zenger to trial. • Alexander Hamilton defended Zenger and a jury found Zenger not guilty • As a result of this trial, a foundation was laid that a press can operate freely and openly even if it meant that public officials were criticized

20. New York Times v. United States (Pentagon Papers Case)1971free press • Facts: Daniel Ellsberg leaked a secret Pentagon study of the Vietnam War that was published by The New York Times and Washington Post. President Richard Nixon obtained an injunction against both papers that forced the papers to stop publication of the material. Nixon claimed that the release of the Pentagon Papers would hurt national security during the Vietnam War. • Issue: Whether the publication of the Pentagon Papers was protected by the First Amendment’s free press clause • Decision: the court ruled that The New York Times and Washington Post had the right to publish the Pentagon Papers and that the government misused its authority of “prior restraint” when it asked the courts to censor the publications.

21. Assembly and Petition of Grievances Principles • The right of people to gather in places and express their point of view without government interference • The right of people to freely associate with groups they choose • The right to petition government officials for policies they want • Assembly and association rights must be balanced with the time, manner, place, and nature of assembly • Issue such as whether individuals can freely associate with the Communist Party (yes); whether the Nazi Party can march in Skokie, Illinois (yes); and whether individuals can demonstrate peaceably on public property (yes) have been decided by the courts.

22. Second and Third Amendments

23. The Second Amendment’s original intent was to guarantee the right of states to maintain an armed militia • The amendment has been interpreted as the people’s right to bear arms. • The National Rifle Association (NRA) has been the primary special-interest group advocating gun rights and opposing gun control • Issues such as gun control legislation including a ban on assault weapons, a waiting period for gun purchases, and regulation of gun shows have been dealt with by the Congress.

24. The Third Amendment’s ban on quartering solders was included in the Constitution. • Result of British troops staying in the colonist’s homes without permission during the Revolutionary War • Union troops occupied southerner’s homes during the Civil War.

25. Fourth Amendment

26. Background • Deals with privacy rights even though the word “privacy” is not found in the amendment • The clause “the right of people to be secure in their persons, houses, papers...” is the basis of the privacy right. • A search warrant is necessary if there is probable cause in order for the police to obtain evidence against an individual • The Fourth Amendment is also the first due process that is included as part of the Bill of Rights. Police must follow the dictates of this amendment in gathering evidence against the individual.

27. Fourth Amendment Principles • Federal and state governments have attempted to define in a broad manner the rights of law officials to obtain evidence • “Probable cause” has come under close scrutiny by the courts. In cases related to students attending public schools, reasonable suspicion is the criterion for a search. • The Fourth Amendment’s protections have been applied to the states through selective incorporation • Courts have found exceptions to the “probable cause” standard. The police can obtain evidence if it is in “plain view” or if the evidence was obtained as a result of an emergency • Issues such as abortion and the extent the government can use warrantless wiretaps raise privacy issues.

28. Wolf v. Colorado (1949) and Mapp v. Ohio (1969)4th amendment • Wolf v. Colorado was a key incorporation case that made the 4th Amendment applicable to the states through the due process clause of the 4th Amendment. The decision allowed illegally obtained evidence to be used in states courts. • Mapp v. Ohio overturned Wolf v. Colorado • Facts: DolreeMapp accused police of obtaining evidence used against her without a valid search warrant • Issue: Whether illegally obtained evidence can be used in a trial • Decision: Mapp v. Ohio established the exclusionary rule: if the police obtained evidence without a valid search warrant it would not be admissible in court; characterized illegal evidence as “fruit of the poisonous tree”

29. Griswold v. Connecticut19654th amendment • Facts: Griswold, the Executive Director of Planned Parenthood of Connecticut, was convicted for violating a Connecticut law that made it illegal to give information to married couples regarding birth control. • Issue: Whether Connecticut’s law violated the 4th amendment’s right to be “secure in their persons” as a result of the counseling that was done • Decision and significance: The Supreme Court ruled that the law prohibiting obtaining information about birth control was illegal under the 4th Amendment • The Court ruled that there was an inferred privacy right given to people in the 4th amendment.

30. Roe v. Wade19734th amendment • Facts: Norma McCorvey, using Roe as a pseudonym, violated Texas state law that banned all abortions • Issue: Did Texas state law violate a women’s right to privacy that was established in Griswold v. Connecticut? • Decision and significance: The Supreme Court ruled that women had the constitutional right under the 4th Amendment to an abortion. The Court determined that in the 1st trimester women had the right to abortion on demand. During the 2nd trimester, the state could place restrictions on abortions, and during the 3rd trimester more restrictions could be placed on a woman’s decision to have an abortion. • Future decisions by the Court gave the state even more authority to place restrictions on abortions. Congress also passed a law that banned a procedure called “partial birth abortions,” and the Supreme Court upheld that law.

31. Planned Parenthood v. Casey19924th amendment • Facts: Pennsylvania law required that women seeking abortions had to wait 24 hours, that minors had to get consent from their parents, and that a married women had to notify her husband she was going to have an abortion. • Issues: Whether the law violated the 4th Amendment and whether Roe v. Wade should be overturned • Decision and significance: The Court upheld the 24 hour waiting period and parental approval (with judicial bypass if challenged) but struck down spousal approval. • Roe v. Wade was upheld and the Casey case became the new precedent for the future cases dealing with this issue.

32. New Jersey v. T.L.O. and Vernonia School District v. ActionBoth cases dealt with privacy issues established in the 4th Amendment. • In New Jersey v. T.L.O. a 14 yr. old minor was accused of violating a school policy that prohibited smoking in the bathrooms. The principal search her pocketbook for evidence without a search warrant and found illegal drug paraphernalia. • The Supreme Court ruled that the principal had the authority to conduct the search without a warrant because there was reasonable suspicion • In Vernonia School District v. Acton, the school district imposed a random drug test for all school athletes. • The Supreme Court ruled that the school did not violate the privacy rights of the students. A future case extended the school’s right to randomly drug test any student who was involved in an extracurricular activity.

33. Patriot Act2001 • Originally passed by Congress in response to the terrorist attacks carried out on 9/11; It was reauthorized in 2006 • The Act has provisions that expand the government’s role in dealing with domestic terrorism including surveillance and wiretapping • Gives the government the right to conduct secret searches and phone and Internet surveillance as well as access to private records if there is evidence of possible terrorist activity. • Permits the imprisonment of noncitizens without due process if there is evidence they are involved in terrorist plots • Raises the issue of whether the 4th amendment’s protections can be diminished in the name of national security

34. Fifth Amendment

35. Established individual procedural rights • These rights include • An indictment obtained by the police that charges a person with a crime • A protection against double jeopardy (being tried for the same crime twice) • The right of an individual not to testify against himself, also called “taking the 5th” • The guarantee of due process before a person’s life, liberty , or property can be taken • Just compensation by the government if property is taken from an individual, called eminent domain.

36. Due Process Principles • Due process established in the Constitution through habeas corpus protection. Habeas corpus is the Latin for “presenting the body.” Its application to the law is that an individual cannot be detained without being charged with a crime • Habeas corpus can be suspended by Congress during war • Habeas corpus rights also guarantee individuals the right to appeal a conviction • Due process guarantees that an individual is protected from unfair treatment by the government from arrest through conviction • The 6th, 7th, and 8th Amendments to the Constitution give individuals protections related to obtaining a lawyer, the trial process, and the sentencing if a person is found guilty.

37. Miranda v. Arizona1964 • Facts: Ernesto Miranda was charged and convicted of rape and kidnapping. During his interrogation he was not told what the consequences would be if he answered questions. He was never told he could ask for a lawyer during the questioning. Ultimately he signed a confession. • Issue: Whether Miranda’s due process rights were violated as a result of the interrogation techniques used by the police. • Decision and significance: The Court in a landmark decision ruled that Miranda’s confession was illegally obtained. It also ruled that the police had to inform an individual at the time of arrest the rights from the 5th Amendment including the right to remain silent, that anything said could be used in court, that there is a right to consult with a lawyer, and a lawyer will be provided if the accused could not afford one.

38. Sixth Amendment

39. Sixth Amendment • Gives the individual the protections guaranteed during a trial: • A speedy and public trial by an impartial jury • The trial taking place in the geographic location where the crime was committed • The Court informing the accused of the nature of the charges • The accused having the right to confront witnesses • The right of the accused to call witnesses for the defense • The right of the accused to obtain a lawyer

40. Gideon v. Wainwright1964 • Facts: Earl Gideon was accused and convicted of robbery, a felony under Florida law. He could not afford a lawyer and was forced to defend himself. • Issue: Whether Gideon’s 5th Amendment due process rights AND 6th Amendment right of assistance of counsel were violated • Decision: The Court ruled that Florida had to provide Gideon with an attorney. While in prison Gideon did legal research and submitted to the Supreme Court a “pauper’s brief,” an appeal written by a person who could not afford a lawyer. • Significance: As a result of this case, the accused were guaranteed the right to an attorney.

41. Seventh and Eighth Amendments

42. Seventh and Eighth AmendmentsBackground • The 7th Amendment guarantees the right of a trial by jury for civil trials • The 7th Amendment has NOT been applied to the states through selective incorporation • The 8th Amendment establishes bail procedures giving the accused the right to post bail that is based on the nature of the crime and the history of the accused • The 8th Amendment also protects the accused against “cruel and unusual punishment” • Death penalty cases dealing with when the death penalty can be imposed and whether the death penalty represents cruel and unusual punishment have been brought before the courts.

43. Gregg v. Georgia1976 • Facts: Tony Gregg was convicted of armed robbery and murder and sentenced to death by a Georgia jury. Georgia’s death penalty was previously ruled unconstitutional by the Supreme Court in Furman v. Georgia in 1972. • Issue: Whether the death penalty was cruel and unusual punishment and whether the jury process followed the procedures set forth by the Furman decision. • Decision and significance: The Court ruled that the death penalty did not represent cruel and unusual punishment. It also declared that the jury procedure that imposed the sentence was constitutional because the trial and sentencing were conducted separately.

44. Ninth Amendment

45. Ninth Amendment • The 9th Amendment guarantees that those undefined rights not listed anywhere in the Constitution cannot be taken away from the people. • Even though the right to privacy is not a listed right found in the Bill of Rights, the 9th Amendment protects that fundamental right. • Issues such as “the right to die, “ either by euthanasia or assisted suicide, and abortion have been brought before the courts.

46. Cruzan v. Missouri Department of Heath1990 • Facts: Nancy Beth Cruzan was left in a coma after a car accident and was diagnosed by physicians as being in a “persistent vegetative state.” Cruzan’s parents wanted the hospital to stop life support but the hospital refused. • Issue: Did the 9th Amendment give Cruzan the “right to die?” • Decision and significance: Because there was no evidence that Cruzan would have chosen to end her life, the Court ruled that the hospital had the authority to continue treatment. However, the Supreme Court declared that if an individual signed a “living will,” the hospital would have to respect the individual’s choice to end life support. • In a related case, the Supreme Court ruled that doctor-assisted suicide is not a protected right. However, Oregon voters using the initiative process approved assisted suicide for its residents.

47. Tenth Amendment

48. Tenth Amendment • The 10th amendment codifies the definition of federalism- delegated powers are given to the federal government and those powers not denied to the states are reserved to the states and the people. • Delegated powers are those defined by Article I of the Constitution. Powers denied to the states are those powers specifically given to the federal government such as the Congress’s power to declare war. • Reserved powers are those powers not listed in the Constitution such as the authority of the states to pass laws in such areas as education, general health, and welfare.

49. Eleventh Amendment

50. Eleventh Amendment • Establishes state sovereignty, protecting states from lawsuits against them from citizens of their own state, citizens from other states, or other states or foreign countries • Congressional laws such as the Americans with Disabilities Act and the violence Against Women Act as well as state public employee laws and issues raised by Native American tribes against states have been decided by the Supreme Court • In many cases, specific provisions of laws have been struck down because individuals have attempted to sue states. The Court ruled that the state sovereignty provisions of the 11th Amendment protects the state against these lawsuits.