AP US Government Amendments, Court Cases, Random Stuff (Unit 3)

Which amendments in the Bill of Rights protect the "accused" or criminal justice proceedings?

4th, 5th 6th, 8th

Bakke v. Board of Regents (1978)

Bakke was denied from University of California medical school twice. He argued that the affirmative action program that reserved spots for minorities that had a lower GPA and test scores was unfair because it excluded solely based on his race. Equal Protection Clause - Each state required to guarantee equal protection to all people within its jurisdiction. Civil Rights Act 1964 - This act made racial, religious, and sex discrimination by employers illegal and gave the government the power to enforce all laws governing civil rights, including desegregation of schools and public places. Favor of Bakke. 4 justices said it violated Civil Rights Act 1 justice said it violated 14th Amendment 4 said it was constitutionally permissible

Tinker v. Des Moines (1969)

December, 1965 → students in Des Moines wanted to wear black armbands to protest Vietnam War School officials threatened to discipline 5 students singled out and punished But teachers, students, etc. harassed individuals First Amendment → does school have the right to limit the freedom of speech/expression of students? Des Moines Schools violated First Amendment rights No disruption → school had no right to limit Established rights of students Entitled to some, not all students are "persons under the Constitution"

Mapp v. Ohio (1961)

Dollree Mapp was searched illegally and the police found obscene material. Mapp appealed on the basis of freedom of expression. Mapp is not in trouble because the evidence was obtained illegally. It was controversial as it placed an importance on excluding illegally obtained evidence. Court used exclusionary rule as a way of enforcing a variety of constitutional guarantees like the need for a search warrant.

Gideon v Wainwright (1964)

Gideon in the state of Florida was accused a felony and showed up to court without a lawyer, and requested that Florida provide him with a lawyer, but they refused so he represented himself. He was sentenced to 5 years in prison. 14th amendment does the 6th amendment apply to the states as well Decision 9-0 in favor of Gideon. The Court held that it was consistent with the Constitution to require state courts to appoint attorneys for defendants who could not afford to retain counsel on their own.

Miranda v Arizona (1966)

In march of 1963, Ernesto Miranda was arrested for connection to a kidnapping and rape. Interrogation techniques were used to extract information without Miranda being informed of his 5th amendment right. The 5th amendment was at play in this case. The court ruled 5-4 that the officers had violated Miranda's rights by not specifying that he has the right to plead the 5th amendment.

Swann v. Charlotte-Mecklenburg Board of Education (1971)

Justices of the court decided that not enough had been done to desegregate schools. Some schools had a population of over 99% black students. 14th amendment was at play. A unanimous decision was made that the board of education needed to diversify schools so that the populations of students were not separate.

How have other minority groups worked against discrimination?

LGBTQ+ : Right to marry and be together E.G. Lawrence V Texas - Supreme Court bans Texas law that bans sodomy between same sex couples. Said it violated the privacy clause.

Plessy v. Ferguson (1896)

Petitioner: Plessy Respondent: Ferguson Plessy a ⅞ white man and ⅛ black man sat in a all white section and was asked to move to the black section, he refused and was arrested 14th amendment-> Does this violate the equal protection clause The Court ruled that segregation does not constitute discrimination and so it does not violate the 14th amendment's equal protection clause. The case created the separate but equal clause stating that segregation is legal as long as its "equal".

8th Amendment

Prohibits excessive fines and excessive bail, as well as cruel and unusual punishment.

4th Amendment

Prohibits unreasonable searches and seizures and sets out requirements for search warrants based on probable cause.

9th Amendment

Protects rights not enumerated in the constitution.

6th Amendment

Protects the right to a fair and speedy public trial by jury, including the right to be notified of the accusations, confront the accuser, obtain witnesses and retain counsel. (right to a lawyer)

7th Amendment

Provides for the right to trial by jury in certain civil cases, according to common law.

Roe v. Wade How did it extend privacy?

Roe wanted to have an abortion but it was illegal in Texas. 9th Amendment at use Gave women the right to abortions because it was their business what they did or didn't do with their body.

5th Amendment

Sets out rules for indictment by grand jury and eminent domain, protects the right to due process, and prohibits self-incrimination and double jeopardy.

Brown v. Board of Education (1954)

Shut down "separate but equal" Combination of 4 cases where black students were denied admission to public schools Schools were separate but not equal 14th Amendment → does it violate the Equal Protection Clause? Voted in favor of Brown → "separate but equal" is inherently unequal Social science ruling on how segregated schools had detrimental effect on black children.

New Jersey v. T.L.O. (1985)

TLO was a high school student whose purse was searched when teachers suspected she had cigarettes. When marijuana was found, she was charged with possession but moved to have the evidence suppressed (unsuccessfully). 4th Amendment - unlawful searches and seizures The court ruled 6-3 in favor of NJ. They held that although the searches and seizures clause applies to public school officials, they can conduct warrantless searches as long as they are reasonable.

Griswold v. Connecticut (1965) (good example of judicial activism)

The Supreme Court struck down a state law prohibiting the use of contraceptives. The Court proclaimed a "right to privacy" that soon provided the basis for decisions protecting Women's Abortion Rights.

Webster v. Reproductive Health Services (1989)

The state of missouri placed restrictions on abortion claiming that the life of a child begins at contraception and abortion should be outlawed. 14th amendment and the right to privacy The court ruled 5-4 for webster claiming that Missouri did not have the right to restrict abortions.

Where has the right to privacy been found in the Constitution?

What is protected as a right of privacy? 9th Amendment - enumeration in the Constitution of certain rights shall not be construed to deny or disparage other rights retained by the people. 4th Amendment - 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...