Upload
lillian-spencer
View
218
Download
1
Tags:
Embed Size (px)
Citation preview
The Rights of
IndividualsAnalyze court cases that demonstrate
how the U.S. constitution and the bill of rights protect
the rights of individuals
Getting the Idea Constitution became the law
of the land in 1787 on the promise that a “bill of rights” would be added soon
1791 – Bill of Rights was added› Preserves the individual rights of
citizens by defining the limits of government
The Supreme Court of the U.S. Highest judicial authority in the U.S. Chief functions of the 9 member court are:
› Applying the Constitution› Interpreting the Constitution
Justices are appointed by the President and confirmed by the Senate
Has the final word on any questions dealing with treaties, legislation, and the Constitution
Supreme Court decisions can only be changed by amendments to the Constitution or an appeal to the Court to change its decision
THE SUPREME COURT PROTECTS FREEDOM OF EXPRESSION & RELIGION
•Texas v. Johnson•Engel v. Vitale
Texas v. Johnson Year:
› 1989 Issue:
› In 1984 a man named Gregory Johnson burned the American flag as a sign of protest. Was convicted by a lower court and brought his case to the Supreme Court.
Decision: › His action fell under the category of freedom of
speech. Significance:
› Struck down state laws making flag burning a crime
Engel v. Vitale Year:
› 1962 Issue:
› Prayer in public school Decision:
› Banned under the 1st amendment Significance:
› Upheld the 1st amendment’s prohibition against the government establishing a religion
LEGAL RIGHTS
Mapp v. OhioGideon v. WainwrightMiranda v. Arizona
Mapp v. Ohio Year:
› 1961 Issue:
› Evidence obtained without a search warrant
Decision: › Evidence was obtained illegally and was
not admissible in court Significance:
› Upheld rights protected under the 4th amendment
Gideon v. Wainwright Year:
› 1963 Issue:
› Right to legal counsel Decision:
› Affirmed that those accused of crimes have the right to legal representation
Significance:› Upheld rights protected under the 6th
amendment
Miranda v. Arizona Year:
› 1966 Issue:
› Self-incrimination Decision:
› Upheld 5th amendment’s protection against self-incrimination
› Ruled that the arresting law enforcement officials have to inform suspects of their legal rights
Significance:› Upheld rights protected under the 5th
amendment› Started “you have the right to remain silent….”
CAPITAL PUNISHMENT
Furman v. GeorgiaGregg v. Georgia
Furman v. Georgia Year:
› 1972 Issue:
› Capital punishment Decision:
› Ruled that it was “cruel and unusual punishment”
Significance:› Upheld rights in the 8th amendment
Gregg v. Georgia Year:
› 1976 Issue:
› Capital punishment Decision:
› Ruled that in extreme cases the death penalty was not cruel and unusual punishment
Significance:› Restored and eventually extended the
death penalty
STUDENT RIGHTS
Tinker v. Des Moines School DistrictNew Jersey v. T.L.O.Bethel School District No. 403 v. FrasierHazelwood v. Kuhlmeier
Tinker v. Des Moines School District Year:
› 1969 Issue:
› Free speech as applied to high school students› Students wore black armbands to school in
protest of the Vietnam War Decision:
› Ruled that the students had the right to freely express their opinions
Significance:› Protected certain rights of free speech for high
school students
New Jersey v. TLO Year:
› 1985 Issue:
› Search-and-seizure case› 14 year old student was caught smoking the
bathroom. The principal searched her purse and found marijuana
Decision: › Ruled that the search did not violate the 4th
amendment protection against illegal searches & seizures because the state interest in educating minors permitted such searches
Significance:› School searches and metal detectors now common
Bethel School District No. 403 v. Frasier
Year: › 1986
Issue: › Limiting student’s freedom of speech
Decision: › Ruled that the 10th amendment gave the states
powers not specifically granted the federal government
› This included states’ authority over its school systems Significance:
› You can’t say anything that you want to in school
Hazelwood v. Kuhlmeier Year:
› 1988 Issue:
› Placing restrictions on a student newspaper Decision:
› Ruled that a school could censor it if the paper is part of the curriculum and it goes against the “mission of the school”
Significance:› You can’t write anything that you want in the
school newspaper
AFFIRMATIVE ACTIONRegents of the University of California v. Bakke
Regents of the University of California v. Bakke
Year: › 1978
Issue: › Alan Bakke, a white man, protested that he was not
admitted to medical school because his spot went to a black applicant
Decision: › Ruled that the school has a right to use race as a
criterion for admission to college though quotas based on race could not be applied
Significance:› Upheld use of affirmative action