Constitutional Amendments

5th Amendment.Due Process of Law

Dec 15, 1791

Protects:
From being a witness against yourself - pleading the 5th
Cant be tried twice on the same case if proven innocent or guilty (double jeopardy).
Grand Jury decision required to be tried for serious federal crime
Eminent domain
The government cannot take your life, liberty, or property without due process Not Protected:
Freely offered information/testify
Can only plead 5th for yourself Case:
Ashcraft vs. Tennessee:
Court judged decides confession was forced and not admissible in court.

6th Amendment. Criminal Proceedings

Dec 15, 1791

The rights of criminal defendants:
Right to public trial without unnecessary delay
Impartial jury
To know who your accusers are and charges/evidence against you
Favorable witness and an attorney Not Protected:
Anyone with charges related to any terrorist activity
Any non-legal citizen living in the United States Miranda vs Arizona (1966)
Firmly upheld citizens rights to fair trials
claimed without council or warning his confessions were unfairly obtained

1st Amendment. Speech and Assembly

Dec 15, 1791

Protects:
Individual/group expression of ideas (spoken/written/symbolic)
Right to assemble and petition the gov't peaceably Things it does not cover:
Obscenity
Schools
Fighting words
Perjury
Blackmail
Inciting violence
True threats
Libel and slander
Verbal Plagiarism Cases:
Lee vs Weisman - school can't estbl. public prayer prior to graduation ceremony Dennis vs. United States (1951) made it a crime to advocate the overthrow of the government.

1st Amendment. Freedom of Religion

Dec 15, 1791

Protects:
Establishment Clause - gov't can't promote/estbl or prohibit any religion
Free Exercise Clause Doesn't Protect:
breaking laws
child/animal abuse
separation of church and state (schools/public property) Court Case: NY rule to pray before start of _____ was declared unconstitutional

2nd Amendment. Right to Bear Arms

Dec 15, 1791

Protects:
Right to ensure security of a free state and have a militia
Individuals to bear arms Doesn't Protect:
States can make regulations Case:
US v. Miller, Miller was shipping across state lines shotguns even though that was illegal at the time. Miller was not charged because the court could find no link between sawed off shotguns and state led militias.

4th Amendment. Security of the Person

Dec 15, 1791

Protects:
Against unreasonable searches and seizures
Probable cause needed to obtain warrant Doesn't Protect:
Vehicles
At time of a legal arrest (police officer has suspicion of weapons and fears for his safety)
Plain view
When DNA is needed from a criminal suspect Cases:
Governments ability to collect cell phone data

7th Amendment. Civil Trials

Dec 15, 1791

Protects:
Right to a jury trial in civil courts if amount is greater than $20
Can decide to wave jury and do bench trial Doesn't Protect:
Criminal matters Court Case:
Tull vs U.S.
Tull violated Clean-Water Act and demanded a jury trial when US sued

8th Amendment. Punishment for Crimes

Dec 15, 1791

Protects:
Against excessive bail/fines
Against cruel and unusual punishment
Death penalty (state decision) Doesn't Protect:
Preventative detention
Treason Case:
Roper vs. Simmons

10th Amendment. Powers Reserved to the States

Dec 15, 1791

Any power that is not given to the federal government is given to the people or the states.
Prevents the gov from taking too much power from the states. Case:
Bond v. US, decision by the Supreme Court of the US that individuals, not just states, may have standing to raise 10th Amendment challenges to a federal law.

12th Amendment. Election of President and VP

Jun 15, 1804

Establishes electoral college
Protect citizens making sure they choose the president, not congress NOT protect electors have to vote for what the people voted for Ray v. Blair (1952)
ruled that it is ok for states to allow parties to require electors to take a pledge to vote for their candidate & that it's not unconstitutional. It officially defined state electors as representatives of their respective states, not the federal government.

14th Amendment. Rights of Citizens

Jun 13, 1866

Defines citizenship and naturalization process and protects all citizens under its jurisdiction their natural rights and ensures due process of law. Also extends all protections in the Constitution to the states Does not protect those not under its jurisdiction as legal citizens
States do have police power - allowing them to restrict some liberties for the health, safety, and moral wellbeing of it's people Supreme court decision to protect same sex marriage