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Review for the Regents The Bill of Rights
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1st Amendment Freedom of speech, press, religion, assembly and petition. Not unrestricted- Schenck v. U.S. cannot create “a clear and present danger” Religion- Engel v. Vitale- Regents prayer Press- Hazelwood v. Kulhmeir- student newspaper. Speech- Bethel School District v. Frazier- student speech.
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2nd Amendment The right to possess firearms.
Added because originally only had state militia.
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3rd Amendment No quarter of soldiers.
Added because of the Quartering Act during the American Revolution.
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4th Amendment Protects against unreasonable searches and seizure.
N.J. v. TLO- students can be searched- need “reasonable suspicion” not “probable cause.” Vernonia v. Acton- mandatory drug testing of student athletes is allowed.
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5th Amendment Life, liberty and property Due process
Issues involved in this amendment: abortion (Roe v. Wade), death penalty (Missouri v. Watkins), euthanasia.
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6th Amendment Trial by jury in a criminal case.
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7th Amendment Trial by jury in a civil case.
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8th Amendment Prohibits excessive bail, fines and punishment.
Issue: death penalty.
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9th Amendment Rights not mentioned in the Constitution belong to the people.
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10th Amendment Powers not given to the national government and the people are given to the state.
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13,14,15 13- ends slavery 14- citizenship 15-black male suffrage.
Added because of the Civil War and Reconstruction.
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18 & 21 18- Prohibition Added because of domestic violence
21- repealed prohibition Added because of organized crime, speakeasies, bootlegging.
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19 Women’s suffrage Added because women went to work, sold war bonds, volunteered for the Red Cross during WWI.
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22 President limited to two terms. Added because FDR served 4 terms.
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25 Presidential succession and disability.
Added because of the assassination of JFK
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26 Lowered voting age to 18. Added because of Vietnam.
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