Bill of Rights
By. Kylie Newman
What is the Bill of Rights?
First Amendment: The freedom of speech, religion, and press
Court case: Ramos v. Town of Vernon
In 2003 the town or Vernon, Connecticut declared a curfew to decrease crime. Curfew was declared unconstitutional. The town argued that it was to help public safety but failed to prove crimes being an issue during curfew hours.
Second Amendment: Right to bear arms
Court Case: District of Columbia v. Heller
In June 2008, the US supreme court stepped into the case, District of Columbia v. Heller, Supreme court ruled that people could keep guns for self defense. Five justices ruled in favor of the man who kept a gun at his house, four voted against.
Third Amendment: The right to privacy in your home
Court Case: Nevada Man
Henderson claimed that his third amendment rights were violated because the police "forcibly entered" his home for a "tactical advantage" but it was not clear to the court that police would count as "soldiers".
Fourth Amendment: Unreasonable Search and Seizure
Court Case: Boyd v. United States
EA Boyd company had been contracted by the government to provide glass for glass buildings. Boyd offered discount in exchange for the government not to make him pay taxes on the raw glass that he imported: the government found out that he was importing more glass than he was supposed to and it was very illegal.
Fifth Amendment: Double Jepardy, Self incrimination, process of law
Court Case: Baron v. Baltimore
The city of Baltimore didn't have to pay for damages done to private property during construction. Decision bared on the reason that the board didn't exceed the states rules.
Sixth Amendment : Rights of the accused in criminal cases
You have the right to a trial in public, judged by the public, you have the right to a lawyer, and the right to tell your side of the story.
Cout Case: Barker v. Wingo
Brought to supreme court in 1972, court ruled Barkers right to a speedy trial wasnt violated, he demand his rights until seven years later. Justices concluded that a set amout of time couldnt be applied to the term "speedy".
Seventh Amendment: Right to a trial by jury
Once a case is decided by a grand jury, you cant be tried again in another court. Everyone has the right to have one trial.
Court Case: Tull v. United States
The United States filed a civil suit against Tull for getting rid of trash in the wetlands, this
violates the clean water act. He had $22 millon dollars in fines.The district court denied Tull’s motion for a jury trial and entered judgment the court of appeals affirmed the denial of a jury trial and the Supreme Court granted cert. Cases in which the Seventh Amendment preserves the right to a trial by jury.
Eighth Amendment: Preventing cruel and unusual punishment
The crime should determine the severity of your punishment . You shoudnt be ounished in a cruel or unusual way, meaning your crime should match up with your punishment.
Court Case: Gregg v. Georgia
Gregg, who was convicted for murder in georgia, reviewed ahis death penalty as unnessisary, but with a 7-2 vote, supreme court ruled that this punishment was not cruel or unusual.
Ninth Amendment: Rights retained by the people
The government has no right to take away your natural rights unless they have a good reason.
Court Case: Roe v. Wade
Abortion was illegal by the late 1960's, Norma Mcorvey had a baby then another one that she couldnt support. Her case was high profile so to be protected , she was named Jane Roe. Supreme court argued that Roes right to privacy should be granted, but it had been violated since the government was making her decisions.
Tenth Amendment: Limiting Federal Powers
As long as the constitution specificaly states that the States of the united states have no power do do something, they have the power to do it.
Court Case:Hammer v. Dagenhart
1918, child labor was being used and was unconstitutional, keating and owen helped pass the child labor act of 1916. The act would not allow children too young to work to many hours. The spreme court ruled in favor (5-4) to prohibet child labor.