Bill Of Rights Project
Kristian Cortez, U.S History, 5th Period
What are the Bill of Rights?
Bill 1: Freedom of speech, press and religion
Court Case:New York Times Co. v. United States
Federal government attempted to block the NY Times from publishing a report that revealed internal government strategies leading up to the Vietnam war. The court sided with New York Times because it was a serious form of censorship. Court believed that it wasn't a national security.
Bill 3: The right to privacy at home
Court Case: Nevada Homeowner v. United States
A homeowner in Henderson, Nevada, filed a lawsuit in federal court alleging that police had violated his Third Amendment rights by forcibly entering his home to gain a "tactical advantage" in resolving a domestic violence incident next door. But it's not clear that police officers would count as "soldiers" under the Third Amendment nor is it clear whether the Third Amendment applies to the states at all.
Bill 4: Unreasonable Search/Seizure
Court Case:Arizona v. Evans
The court extended the good faith rule yet again. The court found that even though a warrant was issued in error,based upon a mistake in an official database.
Bill 5: Double Jeopardy, Self incrimination/ Due Process of Law
Court Case: Chavez v. Martinez
Police officer Chavez interrogated Martinez who was just shot and was not read the Miranda laws. The court found Chavez not guilty because Martinez was never charged with a crime and his answers were not used against him in a criminal case.
Bill 6: Rights of the accused in criminal cases
Court Case: Roviaro v. United States
The court overturned the conviction because Roviaro's defense had not been able to cross-examine the witness.
Bill 7: Right to a jury trial
Court Case: Felter v. Columbia Pictures Television
The Supreme Court examined the statute in an attempt to resolve the issue without reaching constitutional issues. It found that there is no provision in the statute for a jury trial on the issue of statutory damages, therefore it must look at whether the law triggers the provisions of the requirement for trial by jury.
Bill 8:Preventing cruel and unusual punishment
Court Cases: Weems v. United States
First time the supreme court overturned a criminal sentence because it was believed to be a cruel and unusual punishment. Paul Weems was accused of falsifying government documents. Weems was sentenced 15 years of hard labor and excessive fines.
Bill 9: Rights retained by the people
Court Case: Griswold v. Connecticut
The case involved a privacy violation that was more indirect. The plaintiffs were actually standing up for the privacy rights of others and marriage.
Bill 10: Limiting federal powers
Court Case: United states v. Lopez
A high schooler was arrested for bringing a handgun to school. The supreme court decided that congress had exceeded its constitutional authority when it passed the 1990 law prohibiting gun possession in local school zones.