Explain Terms Of List Of Landmark Court Decision In The United States Flashcards

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1st Amendment
It tells exactly what freedoms we have. The rights listed are freedom of speech, freedom of religion, freedom of the press, freedom of assembly, and freedom of petition.

2nd Amendment
This ammendment talks about bearing arms. It gives us the right to bear arms.

3rd Amendment
Quartering of Troops; rights listed: soldiers cannot house with someone during peace or war without consent of the owner under the law.

4th Amendment
It is about searches and seizures. The rights: police must have a probable cause to search you or your property, police must have a warrant, evidence unlawfully obtained cannot be used against you.

5th Amendment
Criminal Proceedings; Due Process; Eminent Domain; rights: can only be tried if the person(s) is indicted by a grand jury, double jeopardy, protected against self-incrimination, prohibits unfair actions by the gov., can take property for a legitimate purpose only if the owner recieves fair compensation.

6th Amendment
Criminal Proceedings; rights: speedy and public trial by an impartial jury, accused informed of the crime, to recieve favorable witnesses, be aware of the witnesses testifying against, right to an attorney.

7th Amendment
Civil Trials; rights: if the amount of money involved in that case exceeds $20 that right may be waved if both parties agree to bench the trial, right to trial by jury.

8th Amendment
Punishment for Crimes; rights: no excessive bails or fines, and no cruel or unusual punishment.

9th Amendment
Unenumerated Rights; rights: because some rights aren't listed in the Constitution doesn't mean we don't have them

10th Amendment
Powers Reserved to the States; rights: the powers not granted to the National Government, and at the same time doesn't forbid the States, belongs to the States, or to the people of each State.

11th Amendment
Suits Against States; rights: no state can be sued by a resident of another state or of a foreign country, state cannot be sued by a foreign country or by its own residents.

12th Amendment
Election of President and Vice President; rights: the president and the vice president are elected by two different ballots.

13th Amendment
Slavery and Involuntary Servitude; rights: forbids slavery, forbids other forms of forced labor except punishments for crimes

14th Amendment
Rights of Citizens; rights: all people born or naturalized in the U.S. are citizens of the U.S. and the State they reside in, States can't make laws taking away citizen rights or immunities, States cannot deprive anyone of life, liberty, or property without due process of law, States can't deny equal protection of the laws to anyone within its jurisdiction

15th Amendment
Right to Vote-Race, Color, Servitude; rights: the right for citizens to vote can't be denied on account of race, color, or previous condition of servitude (slavery).

Marbury v. Madison
William Marbury was denied his commission and tried to have the court hear his case. Developed judicial review and the act of deeming something constitutional

McCulloch v. Maryland
"Bank of the United States Case." Money can only be printed on special paper which had a tax. James McCulloch refused to use the paper claiming the US didn't tax the federal government. It was unconstitutional.

Gibbons v. Ogden
Aaron Ogden's ferry license gave him the right to operate steamboats to and from New York. He said Thomas Gibbons's coasting license did not include "landing rights." It violated New York license laws and the "Supremacy Clause" was developed.

Plessy v. Ferguson
A law required seperated seating for whites and African Americans. Herman Plessy argued that his right to "equal protection of the laws" was violated by this.The court said the segregation was permitted if facilities were equal. The 14th Amendment didn't protect them and therefore was permited.

Brown v. Board of Education
A ten year old girl was denied her right to attend her neighborhood school because of her race. The court ruled that it was a violation of the Equal Protection Clause and this violated equal rights. This overturned Plessy v. Ferguson.
Roe v. Wade A woman challenged a state law over abortion saying it violated her privacy. The court ruled she could choose and the State regulation of abortion was changed: the pregnancy couldn't be terminated after three months.

Mapp v. Ohio
Police raided Mapp's home without a warrant and found obscene materials. She appealed and stated that the 4th and 14th Amendments protected her against this.The court agreed by saying they had an unreasonable search and the evidence was excluded.

Miranda v. Arizona
Miranda was arrested under charges of kidnapping and sexual assault. He signed a confession stating he had full knowledge of his legal rights. He appealed in court saying he had no knowledge of his rights. The court agreed saying the accused must be told their rights before being arrested. This developed what we call our "Miranda Rights."

Gideon v. Wainwright
Gideon was found guilty of a crime. He appealed to the court saying he was unconstitutionally denied a counsel. He was granted a new trial and found not guilty by a state councelor.

Tinker v. Des Moines
The Tinker kids wore anit-war wristbands. The school suspended them saying it was treason. They appealed to a court. The court stated the school couldn't constitutionally prohibit silent expressions of opinion and appealed to the students' rights in the first amendment.

Engel v. Vitale
A State board of New York required a 22 word recitation of a prayer at the beginning of each school day. A group of parents filed suit against this saying it violated their first Amendment rights. The court deemed New York's action unconstitutional.

Texas v. Johnson
Johnson burned a flag while protesting. He was jailed and fined. He later went back to court and they found it a silent opinion and allowed it.

Furman v. Georgia
Furman was convicted and given the death penalty. This was overturned. The court thought there was a racial imbalance and most states rewrote their death penalty statues.

Korematsu v. United States
The court justified that the existence of restictions of the civil rights of a single racial group would not be restricted during a pressing public circumstance.

Employment Division v. Smith
Two Native American workers smoke peyote, which is illegal in organ, and got fired. They were then denied their right to unemployment benefits because they had broken a law for religious use. The court ruled it violated the free exercise clause.

New Jersey v. TLO
After a high school girl denied that she had been smoking in a bathroom the vice principal searched through her purse and found cigarettes, marijuana, and evidence she had been involved in marijuana dealing at the school. She was sentenced to probation but appealed saying it was an unreasonable search. The court denied her appeal calling it legitimate in the enviroment. The court then created a reasonable suspicion clause for schools.