Download Unit 1.5B- Amendments 2-10

Unit 1: Constitutional Underpinnings
Unit 1.5 B
The Rest of the Bill of Rights: Amendments 2-10
2nd Amendment- Right to Keep and Bear Arms
Brady Law (1993)
The government may place restrictions of handgun registration, and set up a
minimum waiting period before purchase and created a Federal Database for Background
checks for handguns
Federal Assault Weapons Ban (1994)It was constitutional-until proven otherwise
It doesn’t matter now, because Congress allowed it to expire in ‘04
3rd Amendment- Troop Quartering (Housing)---Privacy Right implied
No real court rulings on this one.
4th Amendment- Search and Seizure---Privacy Right implied
Exclusionary RuleMapp v. Ohio (1961)- (Warren Court Ruling= LIBERAL/ACTIVIST) only
evidence found through search warrant can be used against an accused person
“Good Faith Doctrine”
U.S. v. Leon (1984)- if police find essential evidence in good faith, it can be
admitted as evidence
WiretappingKatz v. U.S. (1967)- Probable cause needed, but its allowed
AbortionRoe v. Wade (1972)-Abortions are protected in the first trimester
Planned Parenthood v. Casey (1992)- Pennsylvania law requiring minors to get
parental consent and wait 24 hours before having an abortion.
Gonzales v. Carhart (2007)- Federal ban on late term abortions was ruled
constitutional because it did not violate the Due Process rights of the Mother
SexLawrence v. Texas (2003)- Struck down Texas law against Sodomy.
Thus, Sodomy, among consenting adults is a Constitutional right
Contraception
Griswold v. Connecticut (1965)
(Warren Court Ruling= LIBERAL/ACTIVIST)
Strikes down Connecticut law that forbids use of Contraception
5th Amendment- Due Process
Grand Jury- The right to have an Indictment
Double Jeopardy- Can’t be tried twice for the same crime
Self IncriminationMiranda v. Arizona (1966)(Warren Court Ruling= LIBERAL/ACTIVIST)
“You have the right to…”
Applies in Criminal and Civil Cases, but also when testifying before Senate or
Congress
o McCarthy hearings—some were Considered “5th Amendment Communists”
o Mark McGuire- a “Fifth Amendment” Steroid user
Eminent Domain- Local Governments can take private property for “public” use as
long as the owner is given “fair Compenstation”
Kelo v. New London- Supreme Court upholds City of New London’s right to
force 15 people from their homes in favor of Pfizer Corporation’s development plans
6th Amendment: Due Process
Speedy Trial Public Trial by Impartial Jury of Peers
Defense LawyerGideon v. Wainright (1964) –(Warren Court Ruling= LIBERAL/ACTIVIST)
-Court Appointed attorneys mandatory
7th Amendment: Due Process
The Sixth Amendment applies in Civil Trials too.
8th Amendment- Cruel and Unusual Punishment
Death PenaltyGregg v. Georgia (1976)- Death penalty is not cruel or unusual under the proper
circumstances
Roper v. Simmons (2005) – Death Penalty for those under 18 is Cruel and
Unusual
9th Amendment- Expansion of Rights
The First Eight Amendments are not the only rights that the Constitution
protects…The Bill of Rights should NOT limit Civil Liberties
Living WillsCruzan v. Missouri Dept. of Health (1990)- right to die upheld
However, states may ban Physician Assisted Suicides if desired
Terri Schiavo Case (2005)- The Supreme Court denied Certiorari, thereby allowing
lower court ruling to stand, allowing Terri Schiavo’s feeding tube to be removed.
10th Amendment- States Rights
U.S. v. Lopez (1995)- Federal Law requiring all Schools to be “Gun Free Zones” was
ruled unconstitutional—An issue that should be decided by states
Gonzales v. Raich (2005)- Federal Controlled Substances Act upheld against California’s
Proposition 215 (Medical Marijuana) because of The Commerce Clause.
Gonzales v. Oregon (2005) – Upholds Oregon’s “Death with Dignity Act”
States MAY legalize Physician Assisted Suicide, but it is not a constitutionally
protected right