the rights of individuals analyze court cases that demonstrate how the u.s. constitution and the...

The Rights of

IndividualsAnalyze court cases that demonstrate

how the U.S. constitution and the bill of rights protect

the rights of individuals

Getting the Idea Constitution became the law

of the land in 1787 on the promise that a “bill of rights” would be added soon

1791 – Bill of Rights was added› Preserves the individual rights of

citizens by defining the limits of government

The Supreme Court of the U.S. Highest judicial authority in the U.S. Chief functions of the 9 member court are:

› Applying the Constitution› Interpreting the Constitution

Justices are appointed by the President and confirmed by the Senate

Has the final word on any questions dealing with treaties, legislation, and the Constitution

Supreme Court decisions can only be changed by amendments to the Constitution or an appeal to the Court to change its decision

THE SUPREME COURT PROTECTS FREEDOM OF EXPRESSION & RELIGION

•Texas v. Johnson•Engel v. Vitale

Texas v. Johnson Year:

› 1989 Issue:

› In 1984 a man named Gregory Johnson burned the American flag as a sign of protest. Was convicted by a lower court and brought his case to the Supreme Court.

Decision: › His action fell under the category of freedom of

speech. Significance:

› Struck down state laws making flag burning a crime

Engel v. Vitale Year:

› 1962 Issue:

› Prayer in public school Decision:

› Banned under the 1st amendment Significance:

› Upheld the 1st amendment’s prohibition against the government establishing a religion

LEGAL RIGHTS

Mapp v. OhioGideon v. WainwrightMiranda v. Arizona

Mapp v. Ohio Year:

› 1961 Issue:

› Evidence obtained without a search warrant

Decision: › Evidence was obtained illegally and was

not admissible in court Significance:

› Upheld rights protected under the 4th amendment

Gideon v. Wainwright Year:

› 1963 Issue:

› Right to legal counsel Decision:

› Affirmed that those accused of crimes have the right to legal representation

Significance:› Upheld rights protected under the 6th

amendment

Miranda v. Arizona Year:

› 1966 Issue:

› Self-incrimination Decision:

› Upheld 5th amendment’s protection against self-incrimination

› Ruled that the arresting law enforcement officials have to inform suspects of their legal rights

Significance:› Upheld rights protected under the 5th

amendment› Started “you have the right to remain silent….”

CAPITAL PUNISHMENT

Furman v. GeorgiaGregg v. Georgia

Furman v. Georgia Year:

› 1972 Issue:

› Capital punishment Decision:

› Ruled that it was “cruel and unusual punishment”

Significance:› Upheld rights in the 8th amendment

Gregg v. Georgia Year:

› 1976 Issue:

› Capital punishment Decision:

› Ruled that in extreme cases the death penalty was not cruel and unusual punishment

Significance:› Restored and eventually extended the

death penalty

STUDENT RIGHTS

Tinker v. Des Moines School DistrictNew Jersey v. T.L.O.Bethel School District No. 403 v. FrasierHazelwood v. Kuhlmeier

Tinker v. Des Moines School District Year:

› 1969 Issue:

› Free speech as applied to high school students› Students wore black armbands to school in

protest of the Vietnam War Decision:

› Ruled that the students had the right to freely express their opinions

Significance:› Protected certain rights of free speech for high

school students

New Jersey v. TLO Year:

› 1985 Issue:

› Search-and-seizure case› 14 year old student was caught smoking the

bathroom. The principal searched her purse and found marijuana

Decision: › Ruled that the search did not violate the 4th

amendment protection against illegal searches & seizures because the state interest in educating minors permitted such searches

Significance:› School searches and metal detectors now common

Bethel School District No. 403 v. Frasier

Year: › 1986

Issue: › Limiting student’s freedom of speech

Decision: › Ruled that the 10th amendment gave the states

powers not specifically granted the federal government

› This included states’ authority over its school systems Significance:

› You can’t say anything that you want to in school

Hazelwood v. Kuhlmeier Year:

› 1988 Issue:

› Placing restrictions on a student newspaper Decision:

› Ruled that a school could censor it if the paper is part of the curriculum and it goes against the “mission of the school”

Significance:› You can’t write anything that you want in the

school newspaper

AFFIRMATIVE ACTIONRegents of the University of California v. Bakke

Regents of the University of California v. Bakke

Year: › 1978

Issue: › Alan Bakke, a white man, protested that he was not

admitted to medical school because his spot went to a black applicant

Decision: › Ruled that the school has a right to use race as a

criterion for admission to college though quotas based on race could not be applied

Significance:› Upheld use of affirmative action