click here for New Yorker article and podcast on Plesy vs Ferguson and other cases which were later overturned Click here for Washington Post article and video on the 14th Amendment and Trump's effort to end birthright citizenship The most cited Supreme Court decision in the area is the 1898 case United States v. Wong Kim Ark. The court held that a child born to Chinese immigrants who were legal residents was a birthright U.S. citizen under the 14th Amendment.
The US Constitution's Bill of Rights
The first 10 amendments to the Constitution make up the Bill of Rights. Written byJames Madison in response to calls from several states for greater constitutional protection for individual liberties, the Bill of Rights lists specific prohibitions on governmental power. The Virginia Declaration of Rights, written by George Mason, strongly influenced Madison. One of the many points of contention between Federalists and Anti-Federalists was the Constitution’s lack of a bill of rights that would place specific limits on government power. Federalists argued that the Constitution did not need a bill of rights, because the people and the states kept any powers not given to the federal government. Anti-Federalists held that a bill of rights was necessary to safeguard individual liberty. Madison, then a member of the U.S. House of Representatives, went through the Constitution itself, making changes where he thought most appropriate. But several Representatives, led by Roger Sherman, objected that Congress had no authority to change the wording of the Constitution itself. Therefore, Madison’s changes were presented as a list of amendments that would follow Article VII. The House approved 17 amendments. Of these 17, the Senate approved 12. Those 12 were sent to the states for approval in August of 1789. Of those 12, 10 were quickly approved (or, ratified). Virginia’s legislature became the last to ratify the amendments on December 15, 1791. The Bill of Rights is a list of limits on government power. For example, what the Founders saw as the natural right of individuals to speak and worship freely was protected by the First Amendment’s prohibitions on Congress from making laws establishing a religion or abridging freedom of speech. For another example, the natural right to be free from unreasonable government intrusion in one’s home was safeguarded by the Fourth Amendment’s warrant requirements. Other precursors to the Bill of Rights include English documents such as the Magna Carta, the Petition of Right, the English Bill of Rights, and the Massachusetts Body of Liberties. THE BILL OF RIGHTS – FULL TEXT Amendment I: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. Amendment II: A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed. Amendment III: No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law. Amendment IV: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. Amendment V: No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. Amendment VI: In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense. Amendment VII: In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law. Amendment VIII: Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Amendment IX: The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. Amendment X: The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people. click here for The Atlantic magazine article click here for a Slate magazine article that discusses 1st Amendment historic case of Jefferson's Attack Dog & the Sedition act click here for another Atlantic article on 1st amendment precedents and Melania Trump lawsuit click here for a New Yorker article on Freedom of Religion in Public Schools with regard to compelling students to say the pledge of allegiance “Struggles to coerce uniformity of sentiment in support of some end, thought essential to their time and country, have been waged by many good, as well as by evil, men. Those who begin coercive elimination of dissent soon find themselves exterminating dissenters. " Supreme Court Justice Robert Jackson-1943 speaking in West Virginia State Board of Education v. Barnette click here for Houston Chronicle article on discussion of compulsion of standing during pledge and the grey area of high school sporting events click here for court rulings on admissibility of lie detector tests in court click here for Supreme Court case allowing African American student to enter UT Law School in 1950
8th amendment cruel & unusual punishment & excessive bail
9th amendment case on privacy Griswold vs Conn
A case involving right to a jury trial in a copyright infringement case Feltner vs columbia pictures
power point above involves the 3rd amendment preventing sequesting of troops in private homes powerpoint below involves 5th amendment and double jeopardy case
power point on 6th amendment case below
power point on 5th amendment below
power point on symbolic speech and flag burning
presentation on 8th amendment below
presentation of 4th amendment cases
5th amendment cases
2nd amendment case-Heller vs District of Columbia
4th amendment Terry vs Ohio below
1st amendment power point below
1st amendment Snyder vs Phelps -- protest at funeral of fallen Marine & free speech--video below Engeblom vs Carey 3rd Amendment case
1st amendment cases in power point below
power point below covers 5th amendment case involving 2nd trial in Indian territory
power point below on 8th amendment case
power point below is 9th amendment case "right to privacy"
Students will select an Amendment to the Constitution and write the meaning of the amendment with reference to a key legal case which tests the limits and breadth of the chosen amendment
Forensics power point above highlights case concerning 3rd amendment 8th amendment concerning cruel & unusual punishment
4th amendment case concerning search & seizure of high school student at school
the 1st amendment case below concerns the Scopes vs Tenn case known as the "Monkey trial" about the teaching of evolution
1st amendment cases to Supreme Court --butler vs michigan
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