Mastery Project Ch5
Published on Nov 18, 2015
No Description
MORE DECKS TO EXPLORE
PRESENTATION OUTLINE
FEDERALIST OPPOSE BILL OF RIGHTS
- It is unnecessary, because they are inalienable natural rights
- Why declare that things shall not be done when there is no power to do so
- Impractical to enforce
Photo by Teemu008
SELECTIVE INCORPORATION
PROCESS TO LIMIT STATES FROM ABRIDGING FUNDAMENTAL RIGHTS
Photo by Justin in SD
PALKO V CONNECTICUT 1937
- Palko-first degree muder
- Killed 2 policemen
- Sentenced for life in jail
- Retried and was sentenced to death
- He was acquitted based on double jeopardy clause by due process clause
Photo by Dusty J
NEAR V MINNESOTA 1931
- State law violates freedom of speech
- Incorporation doctrine is developed to prevent states from abridging bill of rights
Photo by MOEVIEW is Aaron Molina
FREEDOM OF RELIGION
"CONGRESS SHALL MAKE NO LAW RESPECTING AN ESTABLISHMENT OF RELIGION, OR PROHIBITING THEREOF"
Photo by Jim Nix / Nomadic Pursuits
LEMON TEST
- Does it have a legitimate secular purpose?
- Neither positive or negative to the religion?
- No entanglement with religion?
Photo by salendron
FREEDOM OF SPEECH
Photo by garryknight
PRIOR CONSTRAINT (ALIEN AND SEDITION ACTS)
CONSTITUTIONAL DOCTRINE PREVENTING GOVERNMENT FROM PROHIBITING SPEECH
Photo by bu.
CLEAR AND PRESENT DANGER TEST
IF IT CREATES A DANGER TO THE US, THE US CAN PREVENT IT
Photo by Matt. Create.
DIRECT INCITEMENT TEST
PUNISHABLE IF SPEECH IS USED TO PRODUCE LAWLESS ACTION. INCLUDES SYMBOLS AND SIGNS
Photo by LINUZ90
TINKER V DES MOINES INDEPENDENT COMMUNITY SCHOOL DISTRICT 1964
STUDENTS CAN WEAR BLACK ARMBANDS IN PROTEST OF VIETNAM WAR
Photo by manhhai
HATE SPEECH
ILLEGAL TO USE SPEECH TO INCITE ANGER, ALARM, OR RESENTMENT BASED ON COLOR, RACE, CREED, SEX, RELIGION
Photo by Rob Swatski
R.A.V. V CITY OF ST PAUL 1942
5-4 ON A BOY WHO BURNED A CROSS, INNOCENT UNDER 1ST AMENDMENT
Photo by Scotticus_
NY TIMES V SULLIVAN 1964
- My times had libel on Alabama man
- "Actual malice" must be found
- Or knowing disregard for truth
Photo by Thomas Leuthard
FIGHTING WORDS
INFLICT INJURY/BREACH OF PEACE ACCORDING TO CHAPLINSKY V NEW HAMPSHIRE 1942
Photo by Patricia Mangual
CHANGES
RESTRICTIONS ON GUN TYPES, AMMOS, ATTACHMENTS, HOW AND WHEN YOU CAN HAVE THEM, ETC...
Photo by PKMousie
EXAMPLES
- Cannot own fully-automatic guns
- Restrictions on maximum magazine size
- Background checks
- Sawed off shotgun restrictions
- Concealed carry/open carry
Photo by Clexow
RIGHTS OF CRIMINAL DEFENDENTS
Photo by Alex //Berlin _ Alexander Stübner
WRITS OF HABEAS CORPUS
AUTHORITIES MUST PROVE PRISONER IS HELD LAWFULLY, IF NOT THEY ARE TO BE SET FREE
Photo by Colourless Rainbow
EX POST FACTOS LAWS
- Article 1 of Constitution
- Prohibits punishment on crimes that were legal when committed
Photo by betta design
BILLS OF ATTAINDER
PROHIBITS LAWS DECLARING ACTS ILLEGAL WITHOUT JUDICIAL TRIAL
Photo by Gwenaël Piaser
5TH AMENDMENT
PROTECTS THOSE ACCUSED OF A CRIME/CANNOT BE WITNESS AGAINST ONESELF
Photo by Curtis Gregory Perry
MIRANA RIGHTS
YOUR RIGHTS WHEN ARRESTED, LIKE NEING TOLD YOU DO NOT HAVE TO SAY ANYTHING
Photo by djwudi
GIDEON V WAINRIGHT 1963
- Gideon charged for stealing
- Not given a lawyer because he is poor
- Justice Hugo Black
- "lawyers in criminal courts are necessities, not luxuries"
Photo by betta design
FURMAN V GEORGIA 1972
NAACP/LDF CLAIMED DEATH PENALTY WAS GIVEN MORE TO BLACKS
Photo by Jacopo Reggiani
BIRTH CONTROL
- Griswold v Connecticut 1965
- Prohibits telling on sales of contraceptives
Photo by Olivier GR
ABORTION
- Roe v Wade 1973
- Violated woman's rights by not letting her get an abortion
- Opinions on topic vary
- When/how you can get an abortion changes
- Trimester rules
Photo by OZinOH
WEBSTER V REPRODUCTIVE HEALTH SERVICES 1989
REQUIRES VIABILITY TESTS ON 2ND TRIMESTER
Photo by abardwell
COMBATING TERRORISM
Photo by Israel Defense Forces
USA PATRIOT ACT
VIOLATES 1ST AMENDMENT FREE SPEECH BY NOT ALLOWING THE TELLING OF SEARCHES
Photo by Robert S. Donovan
4TH AMENDMENT VIOLATIONS
- Examine individuals through 3rd party
- Search private property without notifying owner
- Foreign intelligence
- Spying on communication
Photo by Tim . Simpson
2004 ABU GHRAIB PRISON
INCITED INVESTIGATION INTO BLACK SITES ON 8TH AMENDMENT TREATMENTS
Photo by Shrieking Tree
