13th Amendment Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.
Dred Scott v. Sandford, 1857 United States Supreme Court that ruled that people of African descent imported into the United States and held as slaves, or their descendants—whether or not they were slaves—were not protected by the Constitution and could never be citizens of the United States. It also held that the United States Congress had no authority to prohibit slavery in federal territories. The Court also ruled that because slaves were not citizens, they could not sue in court. Lastly, the Court ruled that slaves—as chattel or private property—could not be taken away from their owners without due process. The Supreme Court's decision was written by Chief Justice Roger B. Taney.
14th Amendment All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Plessy v. Ferguson, 1896 U.S. Supreme Court decision in the jurisprudence of the United States, upholding the constitutionality of racial segregation even in public accommodations (particularly railroads), under the doctrine of "separate but equal".
Brown v. Board of Education, 1954 The landmark decision of the United States Supreme Court, which overturned earlier rulings going back to Plessy v. Ferguson in 1896, by declaring that state laws that established separate public schools for black and white students denied black children equal educational opportunities.
Korematsu v. United States, 1944 In a 6-3 decision, the Court sided with the government, ruling that the exclusion order was constitutional. The opinion, written by Supreme Court justice Hugo Black, held that the need to protect against espionage outweighed Fred Korematsu's individual rights, and the rights of Americans of Japanese descent.
In re Gault, 1967 The landmark U.S. Supreme Court decision which established that under the Fourteenth Amendment, juveniles accused of crimes in a delinquency proceeding must be accorded many of the same due process rights as adults such as the right to timely notification of charges, the right to confront witnesses, the right against self-incrimination, and the right to counsel. The court's opinion was written by Justice Abe Fortas, a noted proponent of children's rights.
Juvenile Justice 40 Years After In Re Gault In 1967, 15-year-old Gerald Gault was sentenced to six years in prison for making a lewd phone call, without written notice of the charges, witnesses, or an attorney. In its landmark decision, the U.S. Supreme Court ruled that juveniles accused of crimes have the right to due process protections under the 14th Amendment, including the right to an attorney. But today in some parts of the country a disturbing number of juveniles waive their right to an attorney, leading some to argue that the justice system has not made adequate progress in implementing these protections. Join us on this edition of Justice Talking as we look at what In re Gault has meant for juvenile justice over the last 40 years and ask if today's system does enough to protect young defendants.
The Constitution Debated 1. Freedom of Speech • congress shall make no law abridging the freedom of speech Regardless of content (usually) 1. Limitations a. slander – to tell lies about someone to do harm to them b. Clear and Present Danger – may not tell someone to break the law or speech that may have others do harm
The Constitution Debated 2. Freedom of Religion • Congress shall make no law respecting the establishment of religion, or prohibiting the free exercise thereof a. Establishment Clause – may not prohibit religion b. Separation of Church and State – must define the separation of gov’t and church c. Faith Based Social Welfare Programs – may not have federal funding for religious projects (Franklin Graham)
The Constitution Debated 3. Freedom of the Press • Congress shall make no law abridging the freedom of the press a. Limitations Libel – may not write lies about someone to do harm National Security – Freedom of Information Act Juveniles – may not place names and information about a person under the age of 16 (usually)
The Constitution Debated 4. 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 a. probable cause – where there is immediate suspicion b. search warrants – gov’t document outlining what and where c. Modern Technology’s ability to spy – ability of cameras
The Constitution Debated 5. Equal Protection of the Law and Due Process • … nor shall any state deprive any person of life, liberty, or property, without due process of law, nor deny to any person the equal protection of the laws a. Disabled persons rights – handicapped protection laws b. Illegal aliens – how far can we go to protect or execute them under law? c. Homosexual biased legislature – Is a law against same sex unions legal? d. Women’s Rights - Should a woman’s right to an abortion be protected?
The Foundation Marbury v. Madison, 1803 • This landmark ruling held that basis for the exercise of judicial review of Federal statutes by the United States Supreme Court under Article Three of the United States Constitution is legal. Vs.
Bill of Rights Amendment I [Religion, Speech, Press, Assembly, Petition (1791)] Amendment II [Right to Bear Arms (1791)] Amendment III [Quartering of Troops (1791)] Amendment IV [Search and Seizure (1791)] Amendment V [Grand Jury, Double Jeopardy, Self-Incrimination, Due Process (1791)] Amendment VI [Criminal Prosecutions - Jury Trial, Right to Confront and to Counsel (1791)] Amendment VII [Common Law Suits - Jury Trial (1791)] Amendment VIII [Excess Bail or Fines, Cruel and Unusual Punishment (1791)] Amendment IX [Non-Enumerated Rights (1791)] Amendment X [Rights Reserved to States (1791)]
Other Amendments Amendment XI [Suits Against a State (1795)] Amendment XII [Election of President and Vice-President (1804)] Amendment XIII [Abolition of Slavery (1865)] Amendment XIV [Privileges and Immunities, Due Process, Equal Protection, Apportionment of Representatives, Civil War Disqualification and Debt (1868)] Amendment XV [Rights Not to Be Denied on Account of Race (1870)] Amendment XVI [Income Tax (1913)] Amendment XVII [Election of Senators (1913)]) Amendment XVIII [Prohibition (1919)] Amendment XIX [Women's Right to Vote (1920)] Amendment XX [Presidential Term and Succession (1933)] Amendment XXI [Repeal of Prohibition (1933)] Amendment XXII [Two Term Limit on President (1951)] Amendment XXIII [Presidential Vote in D.C. (1961)]) Amendment XXIV [Poll Tax (1964)] Amendment XXV [Presidential Succession (1967)] Amendment XXVI [Right to Vote at Age 18 (1971)] Amendment XXVII [Compensation of Members of Congress ]