Amendments for your Bill of Rights Flipchart 2015 American Studies Baker Amendment 1: RAPPS/ Hazelwood School District v Kuhlmeier: Administrators have right to Restrict publication of articles in school newspaper to preserve a Protected, wholesome school environment. Lemon V Kurtzman: Separation of Church & State. Lemon Test 1. Law must have a secular purpose. 2. Law may neither favor or inhibit a religion. 3. The law may not result in an excessive entanglement between the government and religion. Engel V Vitale : No school-led prayer California v Miller: Defined obscenity. Tinker V Des Moines (69): Symbolic Speech protected in schools. Texas V Johnson: Flag burning protected as free speech. Amendment 2: Muscarello v US: Defined “carry” as upon the person or in clothing for the purpose of defensive action. Amendment 3: (No cases) No quartering of troops. Amendment 4: Mapp v Ohio (61): Search & Seizure/ Exculsionary Rule Hiibel v 6th Judicial District of NV: Can require suspects’ name during Investigation Board of Educ. Of Pottawatomie Co v Earls (02): Ok’d mandatory drug tests for students in extracurricular activities Amendment 5: Kelo v City of New London : Eminent domain-taking private property for Economic development doesn’t violate the takings clause if the economy benefits Princess Wells v City of Riviera Beach, FL: local govt can use eminent domain to Take property to generate more tax revenue. Romero v Arcadia, CA: City violated eminent domain by forcing the sale of a diner In order to transfer the property to a Mercedes dealership for parking. Amendment 6: Powell v Alabama: All accused have right to an attorney. (Scottsboro boys) Gideon v Wainwright: Even the poor defendant must be provided with an attorney by the state. Miranda v Arizona: A suspect must have their rights explained to them prior to any Interrogation or statements used as evidence in court. Amendment 7: Tull v United States: The assignment of a penalty in a civil trial is NOT a fundamental part of a jury’s job. The judge can determine the amount of a civil penalty. Amendment 8: U.S. v. Salerno (87): It is constitutional to deny bail to the accused if the safety of the community is at stake. Glossip v Gross (08): lethal injection isn’t cruel and unusual punishment as long as the procedure has controls and is uniformly applied by the state. Vaccov v Quill (97): Euthanasia (right to die for the terminally ill). The states should be the court to decide whether this practice is legal (federalism). Furman v Georgia (72): the death penalty is constitutional as long as the state maintains a degree of consistency in its application. Thompson v Oklahoma (87): Amendment 9: Non-enumerated Powers: Griswold v Connecticut (65): Director of Planned Parenthood and a physician Were imprisoned for providing birth control to a married couple. S Ct reversed decision 7-2/ This violates a married couple’s right to privacy when government decides such matters. Roe v Wade (73): Woman sued Texas saying their anti-abortion law violated her right to privacy by encroaching on her ability to determine the condition of her own body. S Ct agreed in a 5-4 decision. It overturned 44 active antiabortion laws. Amendment 10: Reserved powers: All powers not given to the federal government or prohibited from the states, are the right of the states and the people.