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The Rights of Individuals Analyze court cases that demonstrate how the U.S. constitution and the bill of rights protect the rights of individuals
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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
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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
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THE SUPREME COURT PROTECTS FREEDOM OF EXPRESSION & RELIGION Texas v. Johnson Engel v. Vitale
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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
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Engel v. Vitale Year: › 1962 Issue: › Prayer in public school Decision: › Banned under the 1 st amendment Significance: › Upheld the 1 st amendment’s prohibition against the government establishing a religion
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LEGAL RIGHTS Mapp v. Ohio Gideon v. Wainwright Miranda v. Arizona
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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 4 th amendment
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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 6 th amendment
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Miranda v. Arizona Year: › 1966 Issue: › Self-incrimination Decision: › Upheld 5 th 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 5 th amendment › Started “you have the right to remain silent….”
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CAPITAL PUNISHMENT Furman v. Georgia Gregg v. Georgia
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Furman v. Georgia Year: › 1972 Issue: › Capital punishment Decision: › Ruled that it was “cruel and unusual punishment” Significance: › Upheld rights in the 8 th amendment
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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
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STUDENT RIGHTS Tinker v. Des Moines School District New Jersey v. T.L.O. Bethel School District No. 403 v. Frasier Hazelwood v. Kuhlmeier
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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
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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 4 th amendment protection against illegal searches & seizures because the state interest in educating minors permitted such searches Significance: › School searches and metal detectors now common
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Bethel School District No. 403 v. Frasier Year: › 1986 Issue: › Limiting student’s freedom of speech Decision: › Ruled that the 10 th 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
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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
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AFFIRMATIVE ACTION Regents of the University of California v. Bakke
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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
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