A.      Backround: Barron finds something in Bill of Rights he thought violated. Just compensation combine that ruin =take.

B.      Holding: The Bill of rights applies only to the National Government

C.       The 14^th amendment( due process) DOES NOT overturn Barron V Baltimore.

A.      Doctrine of incorporation

B.      Freedom os speech is “due process of law.”

C.      Therefore states cannot take away freedom of speech.

B.Background: Gitlow, 1925 equivalent to Vietnam protestor, This started the precedents to apply to both fed and state level of governments.

A.      Territory of Utah(1800)

B.      Polygamy and Mormonism  Hanukkah

C.      Court held that free exercise of religion is NOT absolute.

D.      Freedom to believe is absolute, but freedom of practice is not absolute.

1. Christian schools in Oregon, 1922. Before Gitlow. Trying to keep Catholics out of the State of Oregon. Wanted law that everyone goes to public schools and to shut down Catholic Schools. Sisters sued and won.
2. Basis for ruling: was contract clause. Tuiton for private schools was a contract, state cannot abolish that. Students cannot be required to attend public schools.

A.      Sherbert was a Seventh day Adventist

B.      Factory where she started a swing shift, 4 days a week and one weekend to work.

C.      Unemployed compensation for women who refused to work Saturdays

D.      “Compelling state interest “  needed to deny benefits.

Wisconsin v. Yoder (1971)

1. Case involved the Amish who refuse to attend school after 8^th grade
2. Citing the previous cases as precedents courts held that Wisconsin lacked a “compelling state interest.”
3. This case became a precedent to protect Christian schools

Church of Holy Trinity v. U.S. p171

1. Court cited 87 precedents documenting the Christian foundation.

1. Court cited phrase from Thomas Jefferson’s letter to the Danbury Baptist out of context to justify ruling.
2. Refer to origin of context of “wall of separation between church and state.”

A.      Outlawed with state composed prayer in public schools

B.      Cited no precedent

C.      Changed meaning of work :church” and “organized” religious activity in public.

A.      Forbade all    prayer and devotional Bible reading in public schools.

B.      Cited no precedents

C.      Widely resisted

1. Public Schools may not display copies of the ten commandments even if they were donated by private persons.

A.      States may not require the teaching of creation science along with evolution in public schools, only evolution can be taught.

A.      State Universities may not discriminate against Christian student groups

A.      Student led religious clubs must get some access to faculties after school like non-religious groups

A.      Court held that tax exempts DO NOT violate first amendment.

       A. private persons chargin Libel must show that statements were false

      B.   Public persons charging Libel were false AND made with actual Malice( they knew they lied) p179

A.      Test including “ contemporary community standards” p183

A.      Unreasonable searches and seizures.

B.       Exclusionary rule p186

C.      Evidence gathered in violation of constitution cannot be used in trial.

A.      Protection against self incrimination

B.      “Miranda Rule”

C.      KNOW PROVISIONS p187

A.      14^th amendment due process clause

B.      Right to privacy

C.      Court had previously located privacy in “ penumbras formal by emanations from bill of rights.”

Reasonable regulation of means of abortion

     Permitted  months like 4,5,6 they tell you how to abort, its up to the state

   Rational- States concerned for health of mother

States can regulate or forbid abortion unless the life or health of mom is at stake

   Rational – State concerned for like of potential citizen (baby)

Freedom of the press, religion, and protest.

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

 Right 2 bear arms

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

No Housing Troops= 3 words

No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

What are you searching 4?

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.

I plead the 5th!!

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Public Speedy Trial= all have 6 letters

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

Jury usually brings better luck= Lucky number 7

In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

Being ate by cannibals is cruel and unusual punishment

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Power to the People= P=9

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

States Rights (has 10 letters)

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people

13 is the number of states that were freed by the constitution

. 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.

fourteen like foriegner

Section 1. 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.

Section 2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age,(See Note 15) and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.

Section 3. No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

Section 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.

Every man may vote= 15 letters

Section 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.