1962, Board of Regents, New York; requires recitation of prayer to “Almighty God” 5 families sue, saying the prayer violated 1 st Amendment Supreme Court rules 6-1 state- required prayer in public schools is an impermissible establishment of religion under the First Amendment
1966 – Ernesto Miranda confesses to kidnapping and rape (which, bty, he really did do) Denied an attorney and not told he could remain silent Supreme Court ruled he should have been informed of his rights Suspects must be informed of their rights prior to arrests, called the Miranda Rights
The absorption of certain provisions of the Bill of Rights into the Fourteenth Amendment so these rights are protected from infringement by the states (the most significant violator of our rights, like ever) Think of Mapp v Ohio and unreasonable search of seizure, Gideon and not given an attorney in a state court, and of course, who can forget the scum-bag Miranda.
It forbids the use in trials of evidence obtained in violation of a person’s constitutional rights. Weeks v. US, a person with an admittedly odd name, Freemont Weeks had his house searched, where the agents were looking for one thing but found another thing. But, if the police find something and can prove they would have found it anyway, they can use the evidence.
“No state shall abridge the privileges or immunities of citizens of the United States, nor shall any State deprive any person of life, liberty, or property without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” It’s the amendment that eventually brought the Bill of Rights into force against the state governments.
What are the key Supreme Court cases surrounding a women’s reproductive rights?
Roe vs. Wade – 1973, Texas law banning abortion except to save the mother’s life overturned, states could not ban abortion anymore Webster v. Reproductive Health Services – 1989, upheld Missouri law that prohibited abortions from being performed in Missouri’s public hospitals by its public employees Planned Parenthood v. Casey – challenged 5 provisions of the Pa. Abortion Control Act Stenberg v. Carhart – 2000…
“The First Amendment provision stating that government may not favor one religion over another or favor religion over no religion, and prohibiting Congress from passing laws respecting the establishment of religion” Think of the cases of Engel v. Vitale (slide 2), Van Orden v. Perry (Ten Commandments), Zelman v. Simmons-Harris (school vouchers)
The Constitutional requirement that government must follow proper legal procedures before a person can be legitimately punished for an illegal offense, includes Fourth Amendment (probable cause), Fifth (double jeopardy, self- incrimination), Sixth (right to legal counsel, confront witness, speedy trial), Eighth (excessive bail, fines, cruel & unusual punishment)
1917 Espionage Act prohibited forms of dissent, including distributing antiwar leaflets that could harm the nation’s WWI efforts. In 1919, Supreme Court unanimously upheld the Constitutionality of the Act. Oliver Wendel Holmes said Congress could restrict free speech if it was “of such a nature as to create a clear and present danger” to the nation’s security.
What is the Supreme Court’s 5 part test for Establishment clause cases?
Program must have a valid secular purpose Aid must go to parents and not the schools A broad class of beneficiaries must be covered Must be neutral with respect for religion There must be adequate nonreligious options
Know these terms or ideas… Procedural Due Process Habeas Corpus The Ninth Amendment The Fifth Amendment The Eighth Amendment Racial Profiling And know them well