Bill of Rights Scenarios
The Sixth Amendment
provides additional protections to people accused of crimes, such as the right to a speedy and public trial, trial by an impartial jury in criminal cases, and to be informed of criminal charges. Witnesses must face the accused, and the accused is allowed his or her own witnesses and to be represented by a lawyer.
Scenario #12 You are in the security line at the airport. The transportation safety agent requires you to take off your coat, take off your shoes, and empty your pockets. The agent also completes a pat-down search.
Amendment: 4th Protects against Unreasonable Search and seizure NO VIOLATION Even though unreasonable searches and seizures are not allowed, in this case, the search was reasonable. Airport security procedures are reasonable because they serve as deterrents to possible airplane hijackers. Because the searches are reasonable and fair they are allowed.
Scenario #6 Jesse, a fourteen-year old student, decides to protest the war in Iraq. He wears a T-shirt to school with a picture of the White House and the caption "Weapon of Massive Misinformation" His principal pulls Jesse aside and asks him not to wear the shirt again because it is disruptive to the learning environment. Jesse wears it the next week and is suspended from school for three days.
NO Amendment for this but (In Tinker v. Des Moines (1969), the Supreme Court ruled that students have the right to wear politically expressive clothing to school. However, in recent years the lower courts have issued a variety of opinions, some of which upheld student dress codes while other courts have greatly limited the power of the schools to regulate students' expressive speech (e.g., clothing)
Scenario #16 A parent refused to get her child vaccinated because of religious reasons.
NO Violation Does not violate the "free exercise" clause of the first amendment because the safety of children is more important than their rights
Scenario #15 Students at a public school decided to form a Morman Church Group on campus.
NO Violation Westside Community School v. Mergens; students are allowed to form religious clubs on campus.
Scenario #1 Sara, an eighteen-year old college student, is arrested for stealing a classmate's term paper and selling it on the Internet. When she appears before the judge, she asks for a lawyer to help defend her. The judge tells her if she is smart enough to be in college, she is smart enough to defend herself. Besides, she is not being charged with a felony, so the stakes are not very high.
VIOLATION OF THE 6th AMENDMENT Guarantee of the Right to Counsel (The Sixth Amendment provides additional protections to people accused of crimes, such as the right to a speedy and public trial, trial by an impartial jury in criminal cases, and to be informed of criminal charges. Witnesses must face the accused, and the accused is allowed his or her own witnesses and to be represented by a lawyer. )
The Fourth Amendment
bars the government from unreasonable search and seizure of an individual or their private property.
The Second Amendment
protects the right to keep and bear arms.
Scenario #7 Sixteen-year-old Ryan is the captain of the football team. Before the Friday night game, he and his teammates are required to submit to a drug test. Ryan's test shows traces of marijuana. He is not allowed to participate in the game and he is suspended from school.
NO VIOLATION Board of Education of Pottawatomie County v. Earls (2002), the Supreme Court ruled that drug tests for all students participating in any extra-curricular activities are a reasonable way to prevent and deter drug use
Scenario #4 Mr. Reynolds, an avid hunter, opens the door of his home one day to find agents from the Bureau of Alcohol, Tobacco, and Firearms outside. They inform him that certain provisions of a new federal law allow them to confiscate his rifles so that he may not engage in terrorist activities or plot against the United States government. They have no evidence that he is connected to any such activities.
NO VIOLATION In Owasso Independent School District v. Falvo (2001), The Supreme Court ruled that peer grading of student papers is not a violation of personal liberty or of privacy
Scenario #5 Your science teacher asks the class to exchange papers to correct last night's homework. Your friend, Jamie, refuses to do so and is sent to the principal
NO VIOLATION In Owasso Independent School District v. Falvo (2001), The Supreme Court ruled that peer grading of student papers is not a violation of personal liberty or of privacy
Scenario #9 Your parents are very religious people, but you are not. Today , your parents are going to a service at their place of worship and they expect you to come along. You refuse. They make you come anyway and they ground you for the following month.
NO VIOLATION The Bill of Rights protects individual liberties such as freedom of religion from encroachment by the federal or the state governments, but does not limit the actions of individuals (e.g., parents)
Scenario #11 Because members of Congress are unhappy with students' standardized test scores in many states, they pass a federal law that abolishes local school boards and requires a standardized national curriculum
VIOLATION OF THE 10th AMENDMENT Reservation of power to the people and the states. Under the principles of federalism, if the Constitution does not grant the power to the federal government (as in this case, for regulating education), it is a power reserved to the states and the people.
Scenario #10 Because of the budget deficit, the United States government is looking for ways to cut costs. They have announced a plan during peacetime to house unmarried soldiers in the homes of American citizens who do not have children.
VIOLATION OF THE 3rd AMENDMENT Guarantee of the Right not to quarter (house) soldiers in peacetime in private homes. (The Third Amendment prevents the government from forcing homeowners to allow soldiers to use their homes. Before the Revolutionary War, laws gave British soldiers the right to take over private homes.)
Scenario #8 A known drug dealer is arrested for suspected connections to an inner city murder. The police do not inform him of his rights and immediately begin to interrogate him. They continue until he admits he knows the victim of the crime and was in the neighborhood where the murder took place.
VIOLATION OF THE 5th & 6th AMENDMENTS Guarantee of the Right to freedom from self-incrimination and right to counsel (The Fifth Amendment provides several protections for people accused of crimes. It states that serious criminal charges must be started by a grand jury. A person cannot be tried twice for the same offense (double jeopardy) or have property taken away without just compensation. People have the right against self-incrimination and cannot be imprisoned without due process of law (fair procedures and trials.) (The Sixth Amendment provides additional protections to people accused of crimes, such as the right to a speedy and public trial, trial by an impartial jury in criminal cases, and to be informed of criminal charges. Witnesses must face the accused, and the accused is allowed his or her own witnesses and to be represented by a lawyer. )
Scenario #2 A neighbor is suing the Joneses because a tree in the Joneses' yard fell on their roof during a hurricane. The neighbors want the Jones family to pay $850 to have their roof repaired. Mr. Jones requests that a jury be present to hear this case. The judge says it is not necessary since the amount of the repairs is so small. The Jones family lives in Washington D.C.
VIOLATION OF THE 7th AMENDMENT Guarantee of right to a jury trial in civil cases in federal court (and the District of Columbia is under the jurisdiction of a federal court).
Scenario #3 Carolyn is arrested for shoplifting a candy bar from a neighborhood convenience store. At trial, she is found guilty. The judge decides that the appropriate punishment is to cut off Carolyn's hands so that she will not be able to shoplift again.
VIOLATION OF THE 8th AMENDMENT Guarantee of freedom from cruel and unusual punishment (Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.)
Scenario #13 One day at school the teacher asks the students to pray "Dear God, please help my students pass their tests so they can graduate".
Violation Engel v Vitale - public school employees are not allowed to conduct prayer in school.
Scenario #14 One day in science class the Principle of the school walks in and tells the teacher to stop teaching evolution and teach creationism instead.
Violation Epperson v. Arkansas: Teachers cannot be prevented from teaching evolution in public schools.
The Eighth Amendment
bars excessive bail and fines and cruel and unusual punishment.
The Seventh Amendment
extends the right to a jury trial in Federal civil cases.
The Third Amendment
prevents the government from forcing homeowners to allow soldiers to use their homes. Before the Revolutionary War, laws gave British soldiers the right to take over private homes.
The Fifth Amendment
provides several protections for people accused of crimes. It states that serious criminal charges must be started by a grand jury. A person cannot be tried twice for the same offense (double jeopardy) or have property taken away without just compensation. People have the right against self-incrimination and cannot be imprisoned without due process of law (fair procedures and trials.)
The First Amendment
provides several rights protections: to express ideas through speech and the press, to assemble or gather with a group to protest or for other reasons, and to ask the government to fix problems. It also protects the right to religious beliefs and practices. It prevents the government from creating or favoring a religion.
The Tenth Amendment
says that the Federal Government only has those powers delegated in the Constitution. If it isn't listed, it belongs to the states or to the people.
The Ninth Amendment
states that listing specific rights in the Constitution does not mean that people do not have other rights that have not been spelled out.
