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Published byApril Eagles Modified over 9 years ago
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The Courts & Civil Liberties & Civil Rights
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Who’s protected And who are we protected against?
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Selective Incorporation Barron v. Baltimore- 1833 The U.S. Supreme Court ruled that the Bill of Rights applied ONLY to the national gov’t.
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Gitlow v. NY 1925- the Supreme Court begins the process of incorporating MOST of the Bill of Rights to the states through the 14 th Amendment Due Process Clause
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14 th Amendment Due Process Clause- “…nor shall any State deprive any person of life, liberty or property without due process of law;…”
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First Amendment Speech & Press Schenck v. U.S.- 1919, Clear & Present Danger Rule Gitlow v. NY—incorporated Speech to the states Symbolic Speech— Tinker v.Des Moines School District & Texas v. Johnson
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First Amendment Speech & Press Prior Restraint- Near v. Minnesota & NY Times v. U.S. Libel & slander Obscenity
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First Amendment Establishment Clause Everson v. Board of Ed. Lemon v. Kurtzman Engel v. Vitale Abington School Dist v.Schempp
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First Amendment Free Exercise Clause Cantwell v. Connecticut Reynolds v. U.S. Oregon v. Smith Church of Lukumi Babalu Aye v. Hialeah
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First Amendment Assembly & Petition Reasonable time & place rules Collins v. Smith- Skokie case NAACP v. Alabama Snyder v. Phelps- Westboro Baptist Church case
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Second Amendment Most recently incorporated Amendment—2010- McDonald v. Chicago
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Third Amendment Protection against the quartering of soldiers in our homes- not incorporated
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Fourth Amendment Search & Seizure Mapp v. Ohio- Exclusionary Rule Exceptions Stafford v. Redding- strip search of 13 yr old for ibuprophen – unconst.
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Fifth, Sixth & Eighth Amendment Protections 5 th - Miranda v. Arizona- self- incrimination Double Jeopardy 6 th -Gideon v. Wainwright- right to counsel 8 th - Cruel & Unusual Punishment
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Seventh Amendment Right to a jury trial in civil cases exceeding $20—not incorporated
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Ninth Amendment Rights beyond those in the Constitution—implied rights Griswold v. Conn Roe v. Wade
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14 th Amendment Equal Protection Clause— “…nor deny to any person within its jurisdiction the equal protection of the laws.”
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14 th Amendment Equal Protection Clause Scott v. Sandford Plessy v. Ferguson Brown v. Board of Ed. University of Cal. v. Bakke Grutter v. Bollinger
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Other Cases Marbury v. Madison---Judicial Review McCulloch v. Maryland—national superiority over states & constitutionality of implied powers Gibbons v. Ogden- broad definition of interstate commerce Buckley v. Valeo—ruled that a candidate can use as much of their money in their campaign –based on 1 st Amendment speech
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