Chapter 10 Notes

Summarize New Jersey v. TLO (1985):

After a student informed a school administrator that a student was smoking in the bathroom they searched her purse and found cigarettes, marijuana, rolling papers, plastic bags and a list of people who owed her money. The student was arrested and she appealed her case on exclusionary rule grounds. The court decided that although the fourth amendment protects students from searches from school offices in this case the search was reasonable. This ruling gave administrators a greater degree of protection and leeway than police in conducting searches, requiring that they have reasonable cause or suspicion, not full probable clause

How did southern states ignore the provisions of the Fourteenth Amendment?

After the civil war many leaders were wondering if southern states would comply with new laws that protected due process for african americans. (would they get a fair trial? Refuse to testify?) Republicans in the House of Representatives passed the most important and far-reaching of the reconstruction amendment the 14. It Declares that "all persons born or naturalized in the United States .. are citizens" and that no stat can "deprive any person of life, Liberty, or property, without due process of law."

Both types of due process apply to the _______ governments through the ______ Amendments.

Both types of due process apply to the Federal and States governments through the 5th and 14th Amendments. These measures prevent the government from depriving citizens of their freedoms or possessions without being heard or receiving fair treatment under the authority of law.

To what extent are states limited by the due process clause from infringing upon individual rights?

Due process ensures fair procedures when the government burdens opr deprives an individual. Due process also ensures accused persons a fair trial. The due process also ensures accused persons a fair trial. The due process clause in the fifth amendment establishes that no person shall be deprived of life, liberty or property, without due process of law; nor shall private property be taken for public use without just compensation

What are the implications of the doctrine of selective incorporation? Complete the chart below.

Everson v. Board of Education (1947) States that reimburse parents for transportation costs to get their children to parochial schools did not violate the Constitutio McDonald v. Chicago (2010) The Second Amendment must be protected by states based on the due process clause of the Fourteenth Amendment. Mapp v. Ohio (1961) Evidence obtained in a manner that violated Fourth Amendment's protections was inadmissible in state courts too Chicago, Burlington, & Quincy Railway Co. v. Chicago (1897) The requirement for just compensation, from the Fifth Amendment, applies when state government takes property Gideon v. Wainwright (1963) States must provide an attorney for defendants who can't afford one to guarantee a fair trial Timbs v. Indiana (2019) State seizure of a convicted drug dealer's vehicle was a violation of the Eighth Amendment's prohibition of excessive fines

Mapp v. Ohio (1961)

Evidence obtained in a manner that violated Fourth Amendment's protections was inadmissible in state courts too Fourth

Explain the competing interests the Court had to consider and how it balanced those interests. Explain Justice White's concern about the impact of the Court's decision. Explain the issues related to federalism in this decision.

He suggested that the decision was "an exercise in raw Judicial power" and he criticized the court majority for "interposing a constitutional barrier to state efforts to protect human life". The issue with federalism is the Judicial branch of the national government is forcing the states to do something. Also the interest of many of when the baby is in the fetus even early on they are still alive

Under Chief Justice Warren, the Court extended liberties and limited state authority in what three areas?

Her court extended liberties and limited state authority in areas of search and seizure, the right to legal counsel, and the right against self incrimination during police interrogations.

What is the Exclusionary Rule?

In 1914 in Weeks v United States the court established the exclusionary rule which states that evidence the government finds or takes in violation of the fourth amendment can be excluded from trial

Explain the one exception to the Miranda rule.

In Miranda, the court declared the fifth amendment right applies once a suspect is in custody of the state. It declared that custodial interrogation carries with it a badge of intimidation. If such pressures from the state are going to occur, the police must inform the suspect of his or her rights. This rule stands unless the questioning is for the purpose of neutralizing a dangerous situation, and a suspension responds voluntarily.

How has the 4th Amendment been extended in recent years?

In other 4th Amendment rulings the US supreme court has extended protections regarding cell phones, GPS locators, and narcotics-sniffing dogs at a person's door. (Police could not put a tracker on someone because it was a search without a warrant) (Police can't take drug dogs on front porches without a warrant)

Explain the ruling in Griswold v. Connecticut (1965):

In this case the court ruled an old anti-birth control state statue in violation of the constitution. The overturned law had barred married couples from even receiving birth control literature. The court for the first time emphasized an inherent right to privacy that although not expressly mentioned in the bill of rights could be found in the shadows of the 1st, 3rd, 4th, 9th Amendments

What does the 4th Amendment prevent?

It prevents law enforcement from conducting unreasonable searches and seizures.

What is Metadata?

MetaData - the who, when , and for how long details of a communication, but not the actual conversation. The USA Freedom Act to prevent the easy collection of metadata: After it was found out the government was surveying everyone's Metadata, This law was passed to make it harder for the government to access it via a warrant

To what extent are states limited by the due process clause from infringing upon individual rights? Complete the chart below.

Miranda rule Gideon v wainwright requires that every state must provide a lawyer to a person who can afford one USA PATRIOT Act Infringe on Americans rights by letting the government listen on your phones metadata without a warrant USA Freedom Act The freedom act makes it so you must have a warrant to get metadata Mapp v. Ohio (1961): Ruled that evidence obtained illegally can be removed from trial New Jersey v. TLO (1985) Ruled that students have less rights from protections such as search and seizure due to public interest

Summarize Mapp v. Ohio (1961):

Police broke into a house looking for a suspect and gambling paraphernalia, but they found nothing related to that. However they did find some obscene books and pictures and Mapp was convinced of obscenity charges and sent to prison. The supreme court overturned the ruling saying the police violated her rights and should never have discovered the illegal contraband. This became the selective incorporation case for the Fourth Amendment. Since that ruling states laws must abide by the Fourth Amendment

Define the Hyde Amendment:

Prevented federal funding that might contribute to an abortion

How did the ruling in McDonald v. Chicago (2010) incorporate the Second Amendment to the states?

QBTC: Does the Second Amendment apply to the state, by way of the Fourteenth Amendment, and does this prevent states or their political subdivisions from banning citizen ownership of handguns? Decision Yes. for McDonald, 5:4 Facts: Chicago required all gun owners to register guns, yet the city invariably refused to allow citizens to register handgun, creating an effective ban. The city would soon be sued. Reasoning: In a close vote the court applied the Second Amendment to the states via the Fourteenth Amendment's due process clause, arguing that, based on Heller v DC, the right to individual self-defense is at the heart of the second amendment and now the states could not deny their citizens this right

To what extent are states limited by the due process clause from infringing upon individuals' rights to privacy? Complete the chart below.

Roe V Wade Protects a womens right to abortion throught the 14th amendent due process clause Slaughter house cases Allows for the states infringe on workers right to a pursue a lawful employment Griswold v. Connecticut Protects married couples ability to get birth control literature, by emphasizing the right to privacy Planned Parenthood v. Casey, the court outlaws a Pensylavania law designed to discourage women from getting an abortion or ecpose abortion pations via public records. It also struck down the informed consent portion of the law that required the aborting woman to inform the consent from the father before aborting. However it did uphold state requirements on a waiting period, providing information on abortion alternatives, and requiring parental (or judges's) consent for for pregnant teens.

Timbs v. Indiana (2019)

State seizure of a convicted drug dealer's vehicle was a violation of the Eighth Amendment's prohibition of excessive fines Eighth

Gideon v. Wainwright (1963)

States must provide an attorney for defendants who can't afford one to guarantee a fair trial Sixth

Everson v. Board of Education (1947)

States that reimburse parents for transportation costs to get their children to parochial schools did not violate the Constitution First

Why do schools have more leeway with search and seizure?

Students in school have fewer protections against searches that may violate the public interest than do average citizens in public or in their home because, within the public school context, at times the public interest argument outweighs concerts for individual liberties. Also the OH Supreme court ruled that if a bag left behind the school has the authority to act on the unattended bag and search it

What is Substantive Due Process

Substantive due process addresses the essence of a law - whether the point of the law violates a basic life, liberty, or property.

Define Substantive Due Process

Substantive due process places substantive limits on what liberties the government can take away or deprive a citizen of. If the substance of the law - the very point of the law - violates some basic right, even one not listed in the constitution, then the court can strike it down. The right to substantive due process protects people from policies for which no legitimate state interest exists or the state interest fails to override the citizens' rights.

Gideon v. Wainwright (1963) is a REQUIRED Supreme Court Case for AP Government.

The Constitutional Question Before the Court: Does a state's prosecution of a criminal defendant without counsel constitute a violation of the Sixth Amendment right to counsel? Decision: Yes, for gideon, 9:0 Facts: Gideon was arrested for breaking into a pool hall and stealing some packaged drinks and coins from cigarette machines. Gideon was convicted and sent away to florida's state prison without a lawyer when he wrote a forma pauperis brief with the Supreme Court Reasoning: The court reasoned that a basic principle of the American system of government is that every defendant should have an equal chance at a fair trial and that without an attorney a defendant does not have equal chance. It also does not make sense that the federal government court you get a lawyer but not stat court

McDonald v. Chicago (2010)

The Second Amendment must be protected by states based on the due process clause of the Fourteenth Amendment. Second

Define Selective Incorporation:

The Supreme Court has ruled in landmark cases that state laws must also adhere to certain Bill of Rights provisions throughout the Fourteenth Amendment's due process clause. The process of declaring only certain, or selected, provisions of the Bill of Rights applicable to the states rather than all of them at once is known as Selective Incorporation.

Identify the similarities and differences in the Roe and Planned Parenthood rulings.

The cases are similar because the state cannot restrict in any way a person being able to get an aborsion or in this case discourage them through publishing public records. It is different However in the fact that it protects the states right to have a waiting period and provide information and alternatives and parental consent if teen but if your adult you don't need father consent

Define Due Process:

The concept of fundamental fairness that ensures legitimate government in a democracy is Due Process. It prevents arbitrary government decisions to avoid mistaken or abusive taking of life, liberty or property from individual without legal clause

How did the Supreme Court incorporate the First Amendment protections of freedom of thought and expression to the states?

The court began to hold states to First Amendment standards. In the 1920s, Benjamin Gitlow, a NEW York Socialist, was arrested and prosecuted for violating the criminal anarchy law. The court said "For the present purposes, we may and do assume that freedom of speech and the press are among the fundamental personal rights and liberties protected by the due process clause of the fourteenth Amendment from impairment by the States" aka Gitlow's free speech was not protected because it was a threat to public safety, but the Court did put the states on notice. In Near v. In Minnesota the court struck down the Minnesota gag law and in this ruling, through the doctrine of selective incorporation, the Court imposed limitations on state regulation of civil rights and liberties.

What are the two major changes in the past two decades that have shaped the government's relationship with its citizens and disrupted the balance between American freedoms and national security?

The court said in Rasul v. Bush said that because the United States exercises complete authority over the base in Cuba it must follow the constitution. In Hamdi v Rumsfeld the court said that the US could not detain a US citizen without a minimal hearing to determine the suspects charge. And also 2 years later the court found that the declaration that these detainees should be tried in military tribunals violated the United states code of military justice The listening of meta data and the gps tracking of phones

What is self-incrimination and what Supreme Court case helped to define it? What amendment does self-incrimination fall under?

The fifth Amendment States "nor shall [anyone] be compelled in any criminal case to be a witness against himself" Since a number of related cases about police procedures were reaching the court the justices too Miranda's cases and created the standard

Explain the phrase, "inevitable discovery".

The inevitable discovery exception applies to evidence police find in an unlawful search but would have eventually found in a later, lawful search. The good faith exception addresses police searches under a court-issued warrant that is later proven unconstitutional or erroneous . In such cases the police conducted the search under good faith that they were following the law and thus have not violated the fourth amendment. Therefore the evidence would most likely be used

Chicago, Burlington, & Quincy Railway Co. v. Chicago (1897)

The requirement for just compensation, from the Fifth Amendment, applies when state government takes property Fifth

What does right to counsel mean and what Supreme Court case shaped this definition?

The right to counsel is the right to have a lawyer. But at first this only applied to the federal courts. This was expanded for the states first for deathy pentay cases and if the defendant was incompetent or illiterate.

Explain the relationship between the 6th and 14th Amendments as they apply to selective incorporation.

The two amendments relate to each other because the 14th amendment makes it so your life liberty and property can not be infringed without due process and if you don't have a right to conscal you don't have due process and a fair trial

What were the Slaughterhouse Cases?

These were a group of cases relating to the state of Louisiana's consolidation of slaughterhouses into one government-run operation outside of New Orleans, causing butchers in other locations to close up shop and thereby infringing on their right to pursue lawful employment. However when this made it to the court the Majority ruled that the 14th Amendment's privileges or immunities clause protected only those rights related to national citizenship and did not apply to the states, even though the state law was limiting these rights. The Majority interpreted the law on a procedural basis rather than a substance of the right involved. In later years it would develop a substantive due process doctrine in relation to state and federal regulations in the workplace

What is the USA PATRIOT Act?

This act was a response to the terrorist attacks on Sept 11, 2001, and the law raised civil liberties questions when government surveillance efforts intensified. Additional issues related to the war on terror also drew attention to civil liberties.

Explain how the decision, in this case, balances the principles of individual liberties and state powers.

This balances the principles of individual liberties and state powers because the state now has to provide a lawyer to anyone who can't afford one to ensure they get a fair trial. Also the state gets to appoint the attorney still

Roe v. Wade (1973) is a REQUIRED Supreme Court Case for AP Government

What is the Constitutional Question Before the Court: Dose Texas's anti-abortion statute violate the due process clause of the 14th Amendment and a woman's constitutional right to an abortion? Decision: Yes, for Roe 7:2 Facts: A Texas resident named Norma McCorvey wanted an aborsion but Texas would not give her one. With the ACLU she filed a suit against the District attorney Henry Wade Reasoning: Weddington and her team argued that Texas had violated Roe's "right to privacy" and it was not the government's decision to determine a pregnant woman's medical decision. The court did decide that the right to privacy was in the shadows of the bill of rights in Griswold v connecticut. Meanwhile the state stood by its legal authority to regulate health morals and welfare under a moral code. While many argued the procedure violated a moral code. Rode relied largely on the 14th amendments due process clause, arguing that the state violated her broadly understood liberty by denying the abortion. But the cour did recognize the potentiality of human life is also in the interest of the state "State criminal abortional laws, like those involved here .. violate the Due process Clause of the 14th Amendment, which protects against state action the right to privacy, including a woman's qualified right to terminate her pregnancy. Though the state cannot override that right, it has legitimate interests in protecting both the pregnant woman's health and the potentiality of human life, each of which interests grows and reaches a compelling point at various stages of a romans approach to term" The court said upheld a woman's right to secure an abortiona was based on the right to privacy implied in the Bill of Rights

Analyze the wording in the due process clause of the 14th Amendment that supports the privacy right of a woman to decide whether or not to carry their unborn child to term. Explain your answer.

When Texas prevented her from aborting her child it violated the 14th Amendment's due process clause because the 14th amendment prevents the state from depriving any person of life liberty or property without due process of law and the state violated her liberty because it violated her privacy to choose her own medical decisions

Procedural Due Process:

addresses the manner in which the law is carried out

What case did the Court use to emphasize an inherent right to privacy and what amendments can that right to privacy be found in?

he court in Griswold v. connecticut for the first time emphasized an inherent right to privacy that although not expressly mentioned in the bill of rights could be found in the shadows of the 1st, 3rd, 4th, 9th Amendments

Since Roe:

in Planned Parenthood v. Casey, the court outlaws a Pensylavania law designed to discourage women from getting an abortion or expose abortion pations via public records. It also struck down the informed consent portion of the law that required the aborting woman to inform the consent from the father before aborting. However it did uphold state requirements on a waiting period, providing information on abortion alternatives, and requiring parental (or judges's) consent for for pregnant teens.

How was the just compensation clause of the Fifth Amendment incorporated to the states?

n the 1880s, a Chicago rail line sued the city, which had constructed a street across its tracks. In an 1879 decision, the court held that the newer due process clause compelled Chicago to award just compensation when taking private property for public use. This ruling incorporated the just compensation clause of the fifth amendment, requiring that the states adhere to it as well.

Explain how the Court distinguished different legal standards throughout a woman's pregnancy.

the First trimester an abortion mut be left to the medical judgment of the woman and her physician The Second Trimester the state can regulate the abortion procedure in ways that are reasonably related to maternal health The Third Trimestedr in the state's interest in the potentiality of human life, may if it chooses, regulate, and even proscribe abortion except where necessary, in appropriate medical judgement for the preservation of the life or health of the mother (so only when the mother's life is in danger)

What is probable cause?

to establish probable cause police officers must be able to point to objective circumstances leading them to believe that a suspect committed a crime