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