Bill of Rights
Kendra Bonsu, U.S. History, Period 7
What are the Bill of Rights?
First Amendment: Freedom of Speech, Press, and Religion
Court case: Texas vs. Johnson (1989)
Johnson burned a flag and was determined to protect political speech, even if society might find it offensive.
Second Amendment: Right to bear arms
Court case: District of Columbus vs. Heller (2008)
A man wanted to keep a pistol in his house for self-defense. 5 of the justices ruled in favor of him. The other 4 voted against him.
Third Amendment: Right to privacy in the home
Court case: Nevada man vs. Nevada
A homeowner in Nevada says his 3rd amendment right was violated when police forcibly entered his home to gain a "tactical advantage" in solving a domestic violence case involving the people next door.
Fourth Amendment: Unreasonable search and seizure
Court case: Coolidge vs. New Hampshire
With this case, the attorney general of New Hampshire issued a search warrant for a murder investigation. The Court settled the conflict when they threw out all of the evidence.
Fifth Amendment: Double jeopardy, self-incrimination, and due process of law
Court Case: Brown vs. Ohio (1977)
The defendant was put on trial twice for offenses involving the same crime. He was convicted 1st of joyriding and then convicted a 2nd time for stealing the vehicle. The Supreme Court then overturn the 2nd conviction.
Sixth Amendment: The rights of the accused in criminal cases
Court case: Barker vs. Wingo (1972)
Barker was arrested for murder in 1958. He was not brought to trial until 1963. He asked for an appeal because he didn't have a speedy trial once he was found guilty.
Seventh Amendment: The right to a jury trial
Court case: United States vs. Tull
The US filed a lawsuit against Tull for discharging fill material into wetlands in violation of the Clean Water Act. The US desired $22 million and relief.
Eighth Amendment: Preventing cruel and unusual punishment
Court case: Robinson vs. California
California law imposed a mandatory prison sentence for drug addiction. The Supreme Court ruled that imprisonment for a misdemeanor was cruel and unusual punishment and therefore unconstitutional.
Ninth Amendment: Rights retained by the people
Court case: Roe vs. Wade
Norma McCorvey (Jane Roe) wanted an abortion because she was unable to support 2 kids on her own. But in Texas, abortion was illegal. After the Supreme Court got involved, they agreed that it should be the women's choice. McCorvey won the case.
Tenth Amendment: Limiting federal powers
Court case: United States vs. Lopez
A senior at a Texas high school brought a concealed handgun to school with him. He was arrested and charged with violating the Gun-Free Zones Act of 1990.