106752474 XIV. The Bill of Rights The Bill of Rights is a common name for In the ratifying documents for five states, The Bill of Rights was understood, at its ratification, to be The process of ____________________ the clauses of the Bill of Rights was fully seen in the early ____________ The clauses were incorporated as they related to ________ ____________ o How & why __________ are _________________ “How” is _______________ due process “Why” is _______________ due process Generally, due process guarantees the following: Right to a Right to be Right to an Right to be heard Laws must be Taxes may only Property may be Owners of A. First Amendment i. Establishment Clause Prohibits many Government involvement in religious activities is constitutional if: A. B. C. Abington School District v. Schempp (1963) Facts: Significance: 1 106752474 Wallace v. Jaffree (1985) Edwards v. Aguillard (1987) ii. Free Exercise Clause – Prohibits the government Difficulties with this clause: A. Conscientious B. Refusal to work C. Refusal to send Allegheny County v. ACLU (1989) - Facts: crèche & menorah - Significance: Torcaso v. Watkins (1961) - Facts: - Significance: Goldman v. Weinberger (1986) - Facts: yarmulke - Significance: iii. Free Speech Supreme Court has never Not protected: o Libel: o Slander: 2 106752474 o Obscenity: (1973 definition) To be obscene, the work, taken as a whole, must be judged by the average person, applying contemporary community standards to appeal to prurient interests, or to depict in a patently offensive way, sexual conduct specifically defined by law, and to lack serious literary, artistic, political, or scientific value. Obscenity (continued): The Court has always held iv. Freedom of the Press Clash between o When a sensational crime receives extensive news coverage – o Prior restraint – v. Assembly Most public places Government may prevent B. The Second Amendment a. Was the Second Amendment created to b. Or … c. Today’s state militias are d. Perhaps in the 1780’s, the rise of a ____________ to a _______________ _____________ in the U.S. was a cause for _____________. e. United States v. Miller o The rationale used o Facts: o Significance: C. The Third Amendment a. No judicial b. Engblom v. Carey 3