Download 10th Amendment - Avoca School District 37

Name: _______________________
Amendment I—Freedom of Expression
1.
Freedom of religion
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The government cannot establish a national religion; it can’t tell people what
religion to practice. This is the “E_____________________ C____________.”
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2.
The government cannot deny people the right to practice their chosen religion.
Freedom of speech
Limits:
3.
Freedom of the press
Limits:
4.
Freedom to assemble
Limits:
5.
Freedom to petition the government
Vocabulary:
Important 1st Amendment Supreme Court cases:
RELIGION
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Engel v. Vitale (1962)—Even non-denominational prayer in school violates the Establishment
Clause
West Virginia St. Board of Ed v. Barnette (1963)—Mandatory flag-salute in school violates the
Establishment Clause; students may abstain on religious grounds
Abington School District v. Schempp (1963)—Bible reading and open prayer—even with opt-outprovision violates the Establishment Clause
Lemon v. Kurtzman (1971)—The 3-part “Lemon Test”: 1) statute must have a secular legislative
purpose; 2) neither advances nor inhibits religion; and 3) does not foster excessive gov’t
entanglement with religion
Lee v. Weisman (1992)—Prayer by clergy at school functions violates the Establishment Clause
SPEECH
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Schenck v. United States (1919)—Speech is limited in wartime
Tinker v. Des Moines (1969)—Symbolic speech allowed in schools (black armbands to protest
Vietnam War) if it doesn’t substantially disrupt the educational environment; students “do not shed
their Constitutional rights at the school house gate.”
Brandenburg v. Ohio (1969)—Speech can be limited if it is directed at inciting or producing
“imminent lawless action” or if it is “likely to incite or produce such action.”
National Socialist Party of America v. Village of Skokie (1977)—Nazi Party cannot be prohibited
from marching simply because of their hateful message
Board of Education v. Pico (1982)—Schools are centers for voluntary inquiry and the dissemination
of information, and school boards cannot restrict the availability of library materials because they
disagree with the content.
Hazelwood School District v. Kuhlmeier (1988)—High schools may exercise editorial control over
student newspapers if action is reasonably related to legitimate pedagogical concerns
Texas v. Johnson (1989)—Protection of flag burning as symbolic speech
Citizens United v. Federal Election Commission (2010)—Corporations may give unlimited
contributions to political candidates
PRESS
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Near v. Minnesota ex re. Olson (1930) and New York Times v. United States (1971)—prior restraint
of newspaper publication is unconstitutional
Miller v. California (1973)—Obscene materials are not protected by the 1st Amendment
FCC v. Pacifica Foundation (1978)—Gov’t can regulate radio broadcast that contain patently
offensive words dealing with sex and execration (George Carlin and “7 Dirty Words”)
Amendment II—Militias; Guns
1.
The government cannot prohibit states from organizing and maintaining well-regulated militias.
2.
People have the right to bear arms.
Limits:
Vocabulary:
Important Supreme Court cases:
 United States v. Cruikshank (1876)—The 2nd Amendment restricts the federal government—not the
states—from regulating gun ownership.
 United States v. Miller (1939)—Types of weapons that are not ordinarily used by state militias may
be regulated. The case does not define or clarify the substantive right that is protected in the 2nd
Amendment, i.e., an individual’s right to own a gun.
 District of Columbia v. Heller (2008)—The 2nd Amendment protects an individual right to own a gun
outside the context of a state militia, although this right is not unlimited; it is unconstitutional to
require that a lawful gun be disassembled or bound by a trigger-lock.
Amendment III—Housing Soldiers
1.
Government cannot require Americans to house soldiers during ____________________.
2.
In time of war, government can require that Americans house soldiers, but only
according to ___________________________.
Vocabulary:
Amendment IV—Search and Seizure
1.
People are protected against unreasonable searches of their home and against having their
property taken by the government for use as ________________________ .
2.
To search somebody’s home and other property, the government must obtain a
____________________ ____________________ issued by a court.
3.
The search warrant must describe the following two things:
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Vocabulary:
Important Supreme Court cases:
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Mapp v. Ohio (1961)—Evidence obtained in violation of the Constitution may not be used by the government against a
defendant (“exclusionary rule”)
Griswold v. Connecticut (1965)—Right to privacy within marriage (contraception)
Katz v. United States (1967)—The 4th Amendment protects people—not places
Terry v. Ohio (1968)—Evidence found during a reasonable search for other purposes is admissible
Roe v. Wade (1973)—The implied right to privacy protects woman’s right to choose abortion
New Jersey v. T.L.O. (1985)—Students have fewer protections against searches (adds “reasonable suspicion”)
Amendment V—Rights in Criminal Cases; Eminent Domain
1.
Requirement that a grand jury indict a criminal defendant for a “capital crime,” i.e., in cases
where the punishment might be ____________________________________ .
2.
No double jeopardy means: ___________________________________________.
3.
Defendants are not required to ___________________________________________ .
4.
All defendants are guaranteed to have available the due process of law. Due process includes:
5.
The government may not take private property for public use without ____________
______________________________ .
Vocabulary:
Important Supreme Court cases:
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Miranda v. Arizona (1966)—At arrest, defendant must be informed of his right to remain silent (no self-incrimination)
and that he is entitled to have an attorney, at public expense if necessary.
Kelo v. City of New London (2005)—City may take private property and sell it for private development as part of city’s
economic development plan
Amendment VI—Fair Trial in Criminal Cases
Criminal defendants are guaranteed these rights:
1.
_____________________________________________________________________
2.
_____________________________________________________________________
3.
_____________________________________________________________________
4.
_____________________________________________________________________
5.
_____________________________________________________________________
6.
_____________________________________________________________________
7.
_____________________________________________________________________
Vocabulary:
Important Supreme Court cases:
 Gideon v. Wainwright (1963)—Any indigent person accused of a felony must be provided with an
attorney at public expense
Amendment VII—Rights in Civil Cases
1.
Trial by ____________________________ .
2.
Cases and verdicts may not be taken to other courts for review except to appellate courts with
appropriate jurisdiction.
Vocabulary:
Important Supreme Court cases:
Amendment VIII—Bail, Fines & Punishment
1.
2.
3.
Vocabulary:
Important Supreme Court cases:
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Furman v. Georgia (1972)—invalidated capital punishment laws as then administered
Gregg v. Georgia (1976)—punishment by death is not per se cruel and unusual; death penalty reinstated
Woodson v. North Carolina (1976)—mandatory death sentence is unconstitutional
Stanford v. Kentucky (1989) and Penry v. Lynaugh (1989)—Constitution does not prohibit the execution of 16- and 17year old murderers, or mentally retarded murderers, respectively
Atkins v. Virginia (2002)—execution of the mentally retarded violates the 8th Amendment
Roper v. Simmons (2005)—execution of minors (<18) violates the 8th Amendment
Baze v. Rees (2008)—Kentucky’s 3-drug combination for lethal injection does not violate the 8 th Amendment
Amendment IX—Rights
The People still have all their rights—not just the ones listed in the Constitution.
Important Supreme Court cases:
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Griswold v. Connecticut (1965)—Right to use contraception; privacy in marriage
Roe v. Wade (1973)—A woman has the right to choose abortion, under certain restrictions
Amendment X—Powers
The Constitution gives certain powers to the Federal Government. The states and the People retain all
the other powers, except that the states do not have the powers that are specifically prohibited to them by
the Constitution (i.e., the powers listed in Art. I, Sec. 10.)
Federal Government
may do this:
States may
do this:
States may not
do this:
The People