1st amendment

1
1st amendment

• Congress shall make no law respecting an
  establishment of religion, or prohibiting the
  free exercise thereof
• No state religion
• Freedom OF or FROM?
• Murray vs. Curlett 1963 (Madalyn Murry O'Hair)
  no prayer in school p. 23
• No moment of silence
• No prayer at graduation

2
Or abridging the freedom of speech Schenck v.
US Cant yell fire in a crowded theatre Clear
and present danger Or the press Hazelwoodlimit
s what can be published in a school paper Or the
right of the people peaceable to
assemble ACLU-KKK Nazi Party--IL And to
petition the Government for a redress of
grievances
3
2rd Amendment

• Right of the citizens to own guns

4
3rd amendment

• No quartering of soldiers in citizens homes
  during peacetime

5
4th AmendmentSearch and Seizure

• Need warrant must have probable cause
• Warrant must be specificname, place, items
  seeking
• in plain sight rule
• Exclusionary rule

6
4th Amendment in school

• 1. lockers,desks OK at anytime
• 2. personal belongingsNew Jersey v. T.L.O.
  reasonable is very broad (p. 26 in Rights
  handbook) No probable cause
• a. Reasonable grounds for suspecting the search
  will turn up evidence that student is violating
  law
• search is not unnecessarily intrusive

7

• Random drug testing allowed
• Interscholastic sportsVernonia School District
  v. Acton
• All students who participated in any competitive
  extracurricular activities (Earls) p. 28
• NJ Supreme court upheld random drug testing for
  students who desired parking privileges
• Students have diminished expectation of privacy
  based on the governments duty to maintain
  safety, order and discipline in the schools

8
5th Amendment

• Must be indicted by Grand Jury
• Double jeopardy
• Can not be forced to testify against oneself
  (spouse)--Miranda
• due process
• Eminent domain

9
6th Amendment

• Fair and speedy trial
• Impartial jury
• Trial in district where crime was committed
  (change of venue)
• Informed of charges
• Confronted with witnesses
• Compulsory process for obtaining witnesses in his
  favor
• Assistance of Counsel for defense -Gideon

10
7th amendment

• Trial by jury in cases exceeding 20.00

11
8th Amendment

• Excessive bail not permitted
• Nor excessive fines
• Nor cruel and unusual punishment

12
9th Amendment

• Citizens have other rights not listed in
  Constitution

13
10th Amendment

• All powers not not expressly given to federal
  government or expressly denied to states
• Are given to the states
• states rights