The Bill of Rights 1st Amendment: freedom of speech In 1965, 13-year old Mary Beth Tinker and her 15-year old brother John wore black armbands to school in Des Moines, Iowa. They wanted to show their mourning for people killed in the Vietnam War and their support for a truce at Christmas. Mary Beth, an eighth grade student at Harding Jr. High School was promptly suspended by her principal, who said no black armbands would be allowed.

The Bill of Rights 1st Amendment: freedom of religion

The Bill of Rights 1st Amendment: freedom of assembly Handbill advertising a rally of the Association of Carolina Klans 

The Bill of Rights 1st Amendment: freedom of petition

The Bill of Rights 2nd Amendment: right to bear arms https://vimeo.com/124075682

The Bill of Rights 3rd Amendment: quartering of soldiers

The Bill of Rights 4th Amendment: protection against unreasonable searches and seizures

TLO v. New Jersey 1983 Location: Piscataway High School Facts of the Case T.L.O. was a fourteen-year-old; she was accused of smoking in the girls' bathroom of her high school. A vice principal at the school questioned her and searched her purse, yielding a bag of marijuana and other drug paraphernalia. Question Did the search violate the Fourth Amendment?

The ruling Court ruled 6-3 (overturned the NJ Supreme Court ruling) that the search of TLO’s bag was OK because the vice-principal had “reasonable suspicion” that TLO had cigarettes in her bag. While searching the bag, the VP saw rolling papers in plain view and then upon further inspection found a roll of $1 bills, a pipe, a small about of marijuana and index cards listing people who owed TLO money. TLO was convicted, fined $1000 and expelled from school.

Issues Does “reasonable suspicion” = “probable cause?” Should there be a different standard for schools to protect the environment of the school?

right to indictment in federal court by a grand jury The Bill of Rights 5th Amendment: right to indictment in federal court by a grand jury What is a Grand Jury? Honolulu Weekly 9-11-02

The Bill of Rights 5th Amendment: protection from “double jeopardy”

The Bill of Rights 5th Amendment: protection from self-incrimination

The Bill of Rights 5th Amendment: no taking of private property for public use without compensation (eminent domain)

5th Amendment and Slavery The Fifth Amendment came to used as a defense of slavery. How? What part of the 5th Amendment would apply?

The Bill of Rights 6th Amendment: right to a speedy trial by jury

The Bill of Rights 6th Amendment: …by an IMPARTIAL Jury

Miranda v. Arizona (1966) Part I The Bill of Rights 6th Amendment: right to an attorney Miranda v. Arizona (1966) Part I

The Bill of Rights 8th Amendment: protection from cruel or unusual punishment

The Bill of Rights 8th Amendment: protection from cruel or unusual punishment

1976: Georgia v. Gregg The U.S. Supreme Court Reinstates the Death Penalty "It is an extreme sanction, suitable to the most extreme of crimes.“ Basically not a violation of 8th/14th Amendments

Ingraham v. Wright (1977) Issue: School Discipline Bottom Line: Teachers Can Use Corporal Punishment, If Your Locality Allows It Background James Ingraham, a 14-year-old eighth-grader at Drew Junior High School in Miami, was taken to the principal's office after a teacher accused him of being rowdy in the school auditorium. The principal decided to give him five swats with a paddle, but James said that he hadn't done anything wrong and refused to be punished. He was subsequently held down while the principal gave him 20 swats. While corporal punishment was permitted in the school district, James suffered bruises that kept him out of school for 10 days and he had to seek medical attention. James and his mother sued the principal and other school officials, claiming the paddling violated Eighth Amendment protections against "cruel and unusual punishments."

Decision The Supreme Court ruled against James. The Court said that reasonable physical discipline at school doesn't violate the Constitution. The Eighth Amendment, the Justices said, was designed to protect convicted criminals from excessive punishment at the hands of the government—not schoolchildren who misbehave. The Court, however, did direct teachers and principals to be cautious and use restraint when deciding whether to administer corporal punishment to students. The Justices suggested that school officials consider the seriousness of a student's offense, the student's attitude and past behavior, the age and physical condition of the student, and the availability of a less severe but equally effective means of discipline.

The Bill of Rights 8th Amendment: protection from excessive bail or fines

The Bill of Rights 9th Amendment: Just because a right is not listed in The Constitution doesn’t mean that you do not have that right. You have more rights than are listed in the constitution.

The Bill of Rights 10th Amendment: The Tenth Amendment explicitly states the Constitution's principle of federalism by providing that powers not granted to the federal government nor prohibited to the states by the Constitution are reserved to the states and/or the people If the constitution doesn’t give it to the Feds, then it belongs to the states.

1977 SCOTUS ruled 5-4 that the Eighth Amendment was not applicable to corporal punishment in public schools. The  majority held that the amendment applied only to those convicted of a crime. 

Constitution’s Six Underlying Principles limited government: a government set up to have limited or restricted power over its people, often by constitutional limits Republicanism: a belief in a republic as the best form of government, rejects monarchy and other forms of absolute power. Also stresses citizen participation and responsibility

Constitution’s Six Underlying Principles checks and balances:  principle of government under which separate branches are empowered to prevent actions by other branches (example?) Federalism: the principle in which political power is shared by the national government and the various state or regional government. (Also extends down to local governments)

Constitution’s Six Underlying Principles separation of powers: A fundamental principle of the United States government, whereby powers and responsibilities are divided among the legislative branch, executive branch, and judicial branch. popular sovereignty:  the principle that the authority of a state and its government is created and sustained by the consent of its people, through their elected representatives (rule by the people), who are the source of all political power.