Ch. 11 American Law
Reynolds v. Sims
14th amendment requires state legislative districts reflect fair "one person, one vote" rule
Wolf v. Colorado
1949 - The Fourteenth Amendment does not require that evidence obtained in violation of the Fourth Amendment be excluded from use by the states in criminal prosecutions. Overturned by Mapp v. Ohio. Extended ban on unreasonable searches to state but not Exclusionary Rule. State gov't could not engage in unreasonable searches without a valid search warrant Applied exclusionary rule to the states
Speedy trial act
A 1974 federal law requiring that proceedings against a defendant in a criminal case begin within a specified period of time, such as 70 working days after indictment
exclusionary rule
A Supreme Court-created rule in which illegally obtained a conviction at trial. The rule has been limited. Ex. Weeks v. US
Jury Trial
A trial before a judge and a jury Ex. Duncan v. Louisiana
Total incorporation
An approach arguing that the protections in the Bill of Rights were so fundamental that all of them should be applied to the states by absorbing them into the due process clause of the 14th amendment
Robinson v. California
Case dealt with a law that said it was illegal to be addicted to the use of narcotics. Court struck down the law saying that it was cruel and unusual punishment since they were punishing an illness.. Drug addiction not a crime.
9th amendment
Citizens entitled to rights not listed in the Constitution
Eisenstadt v. Baird
Court extended the right to privacy to unmarried persons as well as to married persons -- struck down a state law giving away of anti-contraceptive devices to unmarried persons saying that it violated the equal protection clause of the 14th Amendment. The right to privacy extends beyond a place. It inheres in the individual.
Pointer v. Texas
Court incorporated another part of the Bill of Rights and made the states oberve it as part of the due process clause of teh 14th amendment -- issue was the 6th amendments right that an accused person may be confronted with the witnesses against him.
US v. Miller
Court ruling that The National Firearms Act — as applied to transporting in interstate commerce a 12-gauge shotgun with a barrel less than 18 inches long, without having registered it and without having in his possession a stamp-affixed written order for it — was not unconstitutional as an invasion of the reserved powers of the States and did not violate the Second Amendment of the United States Constitution.
8th Amendment
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Ex. Robinson v. California
Mapp v. Ohio
Extended ban on unreasonable searches & seizures and Exclusionary Rule to states, a landmark case in the area of U.S. criminal procedure, in which the United States Supreme Court decided that evidence obtained in violation of the Fourth Amendment protection against "unreasonable searches and seizures" may not be used in criminal prosecutions in state courts, as well as federal courts.
Harris v. Maher
Federal Restrictions (Hyde Amendment) Federal funding could not be used in any way to conduct abortion
Shapiro v. Thompson
Fundamental right to interstate travel States can't have one year residency requirement as a precondition to receive welfare benefits Such laws deny citizens right to travel (14th Am) Residency requirement & welfare eligibility People traveling from south to north to get better welfare Violation of one's right to travel S.C. said this was unconstitutional Applied the right to travel by gov't
Weeks v. United States
Government doesn't have the right to search someone's home and seize possessions without a search warrant, 1914
Klopfer v. North Carolina
Incorporated the 6th amendments right to a speedy trial as part of the due process clause of the 14th amendment -- binding to states.
Washington v. Texas
Incorporated the 6th amendments right to have compulsory process for obtaining witnesses in his favor
Cantwell v. Connecticut
Jehovah's Witnesses went door to door advertising their religion. Arrested for violating a local ordinance for solicitation and inciting a breach in the peace. Result: the state does not have the power to put out an ordinance to limit freedom of religion. Does the ordinance violate the 1st A? - yes
Maher v. Roe
State Restrictions - states could prohibit the use of public funds to conduct abortion
Second trimester
State can regulate abortion prcedures to promote health of woman
Hurtado v. California
Supreme Court ruling that the due process clause of the 14th Amendment does not require states to use grand jury indictments or presentments in capital cases. Supreme Court ruling over a century ago that the grand jury is merely a form of procedure that the states could abolish at will.
Roe v. Wade
The 1973 Supreme Court decision holding that a state ban on all abortions was unconstitutional. The decision forbade state control over abortions during the first trimester of pregnancy, permitted states to limit abortions to protect the mother's health in the second trimester, and permitted states to protect the fetus during the third trimester.
McDonald v. Chicago
The Court held that the right of an individual to "keep and bear arms" protected by the 2nd Amendment is incorporated by the Due Process Clause of the 14th Amendment and applies to the states. The decision cleared up the uncertainty left in the wake of District of Columbia v. Heller as to the scope of gun rights in regard to the states.
Everson v. Board of Education
The Court ruled that the New Jersey law (allowing the state to pay for busing students to parochial shcools) was constitutional; the law benefited students rather than aided a religion directly.
Palko v. Connecticut
The Fifth Amendment right to protection against double jeopardy is not a fundamental right incorporated by the Fourteenth Amendment to the individual states. SC outlines the criteria that court now uses to engage in selective incorporation Verdict: tried twice and convicted
Baker v. Carr
case decided in 1962 by the U.S. Supreme Court. Tennessee had failed to reapportion the state legislature for 60 years despite population growth and redistribution. Charles Baker, a voter, brought suit against the state (Joe Carr was a state official in charge of elections) in federal district court, claiming that the dilution of his vote as a result of the state's failure to reapportion violated the equal protection clause of the Fourteenth Amendment to the Constitution. The court dismissed the complaint on the grounds that it could not decide a political question. Baker appealed to the Supreme Court, which ruled that a case raising a political issue would be heard. This landmark decision opened the way for numerous suits on legislative apportionment. Violation of Equal Protection clause Federal courts can provide a remedy Mal-appointed districts (unproperly balanced) violated Equal protection clause of 14th amendment Either you redistrict (school district0) or WE will (Feds) - Court is allowed to intervene
Cruel & Unusual punishment
court sentences prohibited by the eighth amendment. Although the Supreme Court has ruled that mandatory death sentences for certain offenses are unconstitutional, it has not held that the death penalty itself constitutes cruel and unusual punishment. Incorporated
Impartial Jury
gov't must assure that those persons involve with the jury must be impartial, must not have any prior knowledge about the case before sitting for the court trial and they must be chosen from a representative cross section of the community Ex. Parker v. Gladden
In re Oliver
incorporated the 6th amendment's right to a public trial (1948)
Griswold v. Connecticut
married couple wanted to get contraceptives; struck down a Connecticut law prohibiting the sale of contraceptives; established the right of privacy through the 4th and 9th amendment
Harper v. VA State Board of Elections
poll taxes violate right to vote
Total incorporation plus
principle of incorporation, same as total incorporation but adds as society changes any additional rights imposed on the federal government are also applied to states - Just because a particular liberty is not used in bill of rights does not mean liberty does not exist
Assistance of counsel
right to a lawyer Ex. Gideon v. Wainwright
6th amendment
right to a speedy and public trial. right to a fair jury. right to know what you are being accused of. right to see/hear witnesses against you. right to have a witness to help defend you. right to a lawyer.
5th Amendment
right to grand jury, indictment, no double jeopardy, freedom from self-incrimination, due process of law
just compensation
someone cannot take away your property, payment by the government of fair market value for seized property
Third trimester
state may regulate or prohibit abortion except when the life and health of a woman is in danger
Gitlow v. New York
the 1925 supreme court decision holding that freedoms of press and speech are "fundamental personal rights and liberties protected by the due process clause of the 14th amendment from impairment by the states" as well as by the federal government. Makes it a crime to advocate gov't overthrowing Gitlow convicted for violating NY's anti-anarchy law -> SC uphelds his conviction, but also Gitlow had freedom of speech. Since advocacy of overthrowing the Gov't was a threat to national security, the gov't had the right to regulate the speech. Made Freedom of Speech applicable to state
Near v. Minnesota
the 1931 Supreme Court decision holding that the first amendment protects newspapers from prior restraint.
Just compensation clause
the portion of the Fifth Amendment that states "nor shall private property be taken for public use, without just compensation." The requirement that when the government uses its power to force a private party to give up a property interest, fair market value should be paid
Double jeopardy
the prosecution of a defendant for a criminal offense for which he has already been tried
Compulsory process
the right of a defendant to have a court use its subpoena power to compel the appearance of material witnesses before the court Ex. Washington v. Texas
Speedy trial
the right of a person accused of a crime, that he will get a quick and fair trial Speedy defined as 100 days by 1974 Speedy Trial Act. Ex. Klopfer v. North Carolina
Self-incrimination
the situation occurring when an individual accused of a crime is compelled to be a witness against himself or herself in court. The Fifth Amendment forbids this.
Duncan v. Louisiana
the supreme court ruling that the 14th amendment's guarantee of due process requires states provide trial by jury to persons accused of the serious crimes, Gary Duncan, a black teenager in Louisiana, was found guilty of assaulting a white youth by allegedly slapping him on the elbow. Duncan was sentenced to 60 days in prison and fined $150. Duncan's request for a jury trial was denied. Was the State of Louisiana obligated to provide a trial by jury in criminal cases such as Duncan's? Does the DPC of the 14th A. incorporate the 6th A.? Yes. In a 7-to-2 decision, the Court held that the Sixth Amendment guarantee of trial by jury in criminal cases was "fundamental to the American scheme of justice," and that the states were obligated under the Fourteenth Amendment to provide such trials. Petty crimes, defined as those punishable by no more than six months in prison and a $500 fine, were not subject to the jury trial provision. The right to a jury trial is a fundamental constitutional assertion supported by: the text, history, precedent.
First trimester
the woman's right (along with her doctor) is unrestricted
Williams v. Rhodes
Unconstitutional under the 14th Amendment to restrict third parties from getting on the ballot
Public trial
Under the 6th Amendment, an ADULT trial must be open to the public, but there is a limited right to close juvenile proceedings or other preliminary matters for overriding reasons (balance 1st Amendment Free Press v. 6th Amendment Fair Trial). Ex. In re Oliver
Gideon v. Wainwright
a landmark case in United States Supreme Court history. In the case, the Supreme Court unanimously ruled that state courts are required under the Sixth Amendment of the Constitution to provide counsel in criminal cases for defendants unable to afford their own attorneys.
Bill of Rights
a statement of fundamental rights and privileges (especially the first ten amendments to the United States Constitution)
Benton v. Maryland
Reversed the Palko decision and incorporated 5th amendments prohibition against double jeopardy.
Barron v. Baltimore
(1883) - 5th Amendment Just Compensation Clause 5th amendment - Gov't can't take away property without "just compensation" S.C. rules BoR can only be used to sue the national gov't. Not applicable to the state. 14th amendment placed limitations on what the state can and cannot do.
DeJonge v. Oregon
(1937) The Court established the right of association (assembly) was as important as other 1st Amendment rights and used the due process clause of the 14th Amendment to apply freedom of assembly to the states His conviction for violating an anti-syndication law was reversed since he merely attended a public but lawful meeting of the Communist Party. S.C reverses his conviction Just b/c DeJonge was at a communist meeting did not mean that
Parker v. Gladden
Right to an impartial jury
Powell v. Texas
Powell, a chronic alcoholic, was convicted of being drunk in public. Conviction was upheld because they were not criminalizing his condition of alcoholism, but rather for being drunk in public. Public intoxication punishable even if related to alcoholism.
Excessive Bails & Fines
Prohibited. Not incorporated
Webster v. Reproductive Services
Missouri law - prohibits public facilities and employees to perform and assist in an abortion procedure Required a fetal liability test after 20 weeks Both upheld in Supreme Court
Grand Jury Indictment
The formal charge issued by a grand jury when a prosecutor has enough evidence for trial Ex. Hurtado v. CA
Selective incorporation
The process by which provisions of the Bill of Rights are brought within the scope of the Fourteenth Amendment and so applied to state and local governments. Ex. Palko v. Connecticut
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, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. No unreasonable searches or siezures Court cases: Weeks v. US, Wolf v. Colorado, Mapp v. Ohio
