4.4 Amendments to the constitution concerning rights

Question 1

how does the supreme court protect rights in America?

Answer 1

• only the supreme court can rule on rights for which it can find a constitutional basis.
• vagueness means the court has been able to rule on an increasing number of rights overtime (abortion, same-sex marriage, gun rights, etc. )

Question 2

the supreme court and the protection of rights

most notable protection comes from where?

Answer 2

• the bill of rights
• first 10 amendments to the constitution were ratified in 1791
• supreme courts interpretation can protect, extened, or challenge individual rights

Question 3

brief overview of amendments

1st amendment

Answer 3

• freedom of speech

Question 4

brief overview of amendments

2nd amendmnet

Answer 4

• right to bear amrs

Question 5

brief overview of amendments

3rd amendmnet

Answer 5

• restricts the quartering of soliders in privat homes

Question 6

brief overview of amendments

4th amendment

Answer 6

• prohibits unreasonable searches and seizures
• set requirements for search warrants

Question 7

brief overview of amendments

5th amendment

Answer 7

• prohibits self incrimination

Question 8

brief overview of amendments

6th amendment

Answer 8

• right to speedy trial

Question 9

brief overview of amendments

7th amendment

Answer 9

• right to trial in civil lawsuits

Question 10

brief overview of amendments

8th amendment

Answer 10

• prohibits cruel and unusual punishment

Question 11

brief overview of amendments

14th amendment

Answer 11

• the right to marry is guaranteed to same-sex couples by the 14th amendment.

Question 12

1st amendment case

Snyder v. Phelps

what happened?

Answer 12

8-1 ruling protected free speech in public, ‘even if considered offensive or causing emotional distress, is not limited’

• Westboro Baptist Church picketed his son’s funeral with signs containing offensive messages.
• Albert Snyder, the father of a deceased marine, sued them.

Question 13

1st amendment religion

Burwell v. Hobby Lobby Stores 2014

ruling

Answer 13

the government cannot require employers to provide insurance cover for birth control if it conflicts with the religous beliefs of the employers.

Question 14

1st amendment religion

Burwell v. Hobby Lobby Stores 2014

impact

Answer 14

• challenge to Obamacare
• All three female justices dissented, claiming it limited womens rights
• while the ruling applied only to a specific type of company, called ‘closely held,’ this type of buisiness amkes up more than 90% of american buisinesses.

Question 15

2nd amendment gun control

D.C v Heller 2008

ruling?

Answer 15

• right to individual gun ownership without connection to a militia, and for use in the home for self defence

Question 16

2nd amendment gun control

D.C v Heller 2008

impact?

Answer 16

• striked down a 1975 Act by the District of Columbia.
• The Court also ruled the 2nd amendment cannot be a ‘right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose’

Question 17

2nd amendment gun control

Chicago v. McDonald 2010

ruling?

Answer 17

• the right to keep arms for self defence is also applicable to the states, as well as federal government law

Question 18

2nd amendment gun control

Chicago v. McDonald 2010

impact?

Answer 18

• the ruling clarified the DC v. Heller ruling which applied to Washington DC, which is not a state.
• the justices in the majority also used the 14th amendment

Question 19

4th amendment searches

Caetano v. Massachusetts 2016

ruling?

Answer 19

• the court ruled the amendment extends to ‘all instruments that constitute bearable amrs, even those that were not in existence at the time of the founding’

Question 20

4th amendment searches

Caetano v. Massachusetts 2016

impact?

Answer 20

after being arrested for posession of a stun gun, Caetano’s case ended up in the Supreme Court under the 2nd amendment.
- this shows a considerable interpretation of what it means by ‘arms’

Question 21

4th amendment searches

Carpenter v. US 2018

ruling

Answer 21

• to acquire cell phone location data amounts to a 4th amendment search and therefore a warrant is required to access it

Question 22

4th amendment searches

Carpenter v US 2018

impact?

Answer 22

• one of the first landmark cases ruling on privacy
• it was notable also as a 5-4 decision in which 4 liberal justives were joined by chief justice Roberts (cons)

Question 23

5th amendment right to silence

Berghuis v Thompkins

ruling?

Answer 23

• suspect remaining in silent in an interrogation does not invoke their 5th amendment right to silence.

Question 24

5th amendment right to silence

Berguis v. Thompkins 2010

Impact?

Answer 24

• staying silent was not the same as invoking the right to remain silent

Question 25

# 5th amendment right to silence *Salina v Texas* **2013** | ruling?

Answer 25

- remaining silent before being read your miranda rights can be used as evidence in a court of law

Question 26

# 5th amendment right to silence *Salina v Texas* **2013** ## Footnote impact?

Answer 26

- having answered police questions, a murder suspect fell silent when asked about his shotgun - he had not been read his miranda rights - the police used this silence as evidence of guilt - the supreme court agreed, eroding the miranda rights

Question 27

# 8th amendment capital punishment *Glossip v. Gross* **2015** | ruling?

Answer 27

- lethal injection using midazolam does not violate the 'cruel and unusual punishments' outlawed in the 8th amendment

Question 28

# 8th amendment capital punishment *Glossip v. Gross* **2015** | impact?

Answer 28

- following the botched legal injection of Clayton Lockett 1 year earlier, Glossip argued this method of capital punishment was against the 8th amendment. - Lethal injection had already been upheld in *Baze v. Rees* **2008**, but many other Supreme Court cases placed limitations on the use of capital punishment

Question 29

# 8th amendment capital punishment *Bucklew v Precythe* **2018** | ruling?

Answer 29

- if a convict claims a method of capital punishment is excessively painful, they must show alternatives.

Question 30

# 8th amendment capital punishment *Bucklew v. Precythe* **2018** | impact?

Answer 30

- placed the burden on the convicts to show there were alternative methods of capital punishment if the one their state used was excessively painful

Question 31

# 14th amendment womens and LGBTQ rights *Whole Woman's Health v. Hellerstedt* **2016** | ruling?

Answer 31

- requirements placed on abortion centres by Tax law H.B. 2 were an 'undue burden' and therefore unconstitutional | -

Question 32

# 14th amendment Women's rights and LGBTQ+ rights *Whole Woman's Health v. Hellerstedt* **2016** | impact?

Answer 32

- continuing to uphold the **1973** decision in *Roe v. Wade* but also overturning state law.

Question 33

# 14th amendment Women's rights and LGBTQ+ rights *Dobbs v. Jackson Women's health organization* **2022** | ruling?

Answer 33

- RE: Mississippi 15 week abortion ban law

Question 34

# 14th amendment Women's rights and LGBTQ+ rights *Dobbs v Jackson Women's Health Organisation* **2022** | impact?

Answer 34

- overturned *Roe v. Wade* and returned decisions on abortions to states - trigger laws were ready to go in many states - notably in their confirmation hearings, Barrett, Gorsuch, Kavanaugh all said *Roe* was 'settled' but voted against it .

Question 35

# 14th amendment Women's rights and LGBTQ+ rights *Obergefell v. Hodges* **2015** | ruling?

Answer 35

- the right to marry is guaranteed to same-sex couples by the 14th amendment

Question 36

# 14th amendment Women's rights and LGBTQ+ rights *Obergefell v. Hodges* **2015** | impact?

Answer 36

- made same-sex marriage legal in all 50 states - overturned the law in 12 remaining states where it was outlawed.