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Bus Law
FIRST AMENDMENT
- Grants religious freedom
- Grants freedom of speech
- Freedom of Assembly
- Freedom of Petition
What does it mean?
- Grants the ability to exceed your religion without government interference
- Grants the ability to talk freely without being shut down by the government, Also includes freedom of the press.
- Allows people to gather together freely, like protests
- Allows people to protest or act for change in their government, Like petitioning their government.
Court Case: Yoder V Wisconsin
- The family believed they had the right not to send their children to school, for religious reasons.
- The united states require schooling for people. As a result, there was a confliction
Case: Cohen V California
- Cohen wore a shirt, “Stop the draft, stop the War!” He was convicted of three crimes, like disturbing the peace. The courts found no evidence of insight violence.
–SECOND AMENDMENT
- The right to keep and bear arms.
What does it Mean?
- Grants an individual the ability to purchase and hold firearms
Court Case: Volsing V United States.
- If you are in a domestic violence occurrence banned from having a firearm. Volsing had a domestic violence incident that caused him to not have a firearm.
- Other court cases determined certain domestic violence that may not be violent could count as domestic violence, For example pushing and shoving.
–THIRD AMENDMENT
- Allows citizens the ability to reject the quartering of soldiers. Unless its in severe war times.
What Does It Mean?
- You can prevent soldiers from being in your property unless its war times (Like bad bad war times)
Case:
- Engblom V. Carey, They tried to house soldiers in prison. While the workers strike. the workers were evicted, and their dorms were given to soldiers. It came to the supreme court because of her maybe tenant rights, which may have given her the ability to reject the soldier. Goes in favor of the state because it was owned by the state, and only workers were given that right.
FOURTH AMENDMENT
- Protects Citizens from searches or unlawful seizures
What Does It Mean?
- Secures protection from searches or seizures from the government, It does not guarantee 100% protection, only in cases, there is no probable cause or crime.
Case: Canigla V. Strom
- Conlingla’s weapons were taken during an evaluation. The man argued his fourth amendment was violated. Courts found it was not, since it was an emergency action taken to protect the well-being of Conlingla.
FIFTH AMENDMENT
- The right to remain silent
- Cannot be tried again for a crime they have been acquitted for.
- An individual’s property can be taken but must receive proper compensation.
- Also includes Due prosses.
What Does It Mean?
- You don’t have to answer police questions/incriminate yourself. Or be forced to do soo.
Case: Ashcraft Vs; Tennessee
- Ashcraft was forced and tortured to give a confession for a crime he may or may not have committed. As a result, it goes against Ashcraft’s right to remain silent.
SIXTH AMENDMENT
- Guarantees defendants a public trial without delay
- Also to know the charges against you and the plaintif
What does it mean?
- The public trial, No delay, Just jury,
Case: Dennis Winchester
- The public trial was delayed. Idk about other details.
SEVENTH AMENDMENT
- Guarantees the right to trial by jury in civil court cases
What does it mean?
- The plaintiff can get a trial by jury in federal civil court cases
Case: Chauffeurs, Teamsters v. Terry
- Union did not handle workers’ cases against the company causing Union to be sued. Union did not want a jury, but by the seventh amendment, A jury was given to the plaintiff.
EIGHT AMENDMENT
- No accessive punishment
- just punishment
- No unusual/cruel punishment
What Does this mean?
- Punishment Must fit the crim
- No unusual or cruel punishments
- No Overfining.
CASE: Received the death penalty but was not given because they argued it was unusual. But it was overturned.
NINTH AMENDMENT
- Protects rights that aren’t specifically stated
What Does This Mean?
- it gives flexibility, for rights that aren’t specifically stated in the constitution like privacy.
CASE: Roe V Wade,
- Believed that women have the right to privacy and as a result abortions are legal. (Now overturned)
TENTH AMENDMENT
- Any rights not listed in the constitution to the governments belong to the state/people
What does this mean?
- if the constitution does not say a right is reserved to the Federal Government then it is automatically reserved to the state or people even if not listed.