U.S. Constitutional Amendments Overview

First Amendment Freedoms

• Protects freedom of speech, press, assembly, petition, and religion.
• Freedom of speech is not absolute, with limits on incitement, defamation, and obscenity.
• Freedom of the press is also limited by national security concerns.
• Freedom of assembly allows protests but is subject to time, place, and manner regulations.
• Freedom of religion includes the Establishment Clause (government can't establish a religion) and the Free Exercise Clause (individuals are free to practice).

Second Amendment – Right to Bear Arms

• Debate exists about whether the right is for individual or militias.
• McDonald v. Chicago incorporated the right to state governments.

Fourth Amendment – Search and Seizure

• Requires warrants for searches, except in special circumstances like exigent circumstances, plain view, or automobile exceptions.
• Exclusionary rule (evidence obtained illegally is inadmissible) established in Mapp v. Ohio.

Fifth Amendment – Due Process and Self-Incrimination

• Guarantees due process (fair legal procedures).
• Prevents double jeopardy (being tried twice for the same crime).
• Protects against self-incrimination (Miranda rights).

Sixth Amendment – Right to a Fair Trial

• Guarantees a speedy and public trial by an impartial jury.
• Enshrines the right to an attorney (Gideon v. Wainwright).

Eighth Amendment – Cruel and Unusual Punishment

• Limits excessive bail, fines, and punishments.

Fourteenth Amendment – Equal Protection and Incorporation

• Guarantees due process and equal protection for all.
• The Due Process Clause extends Bill of Rights protections to the states (Selective Incorporation).
• The Equal Protection Clause prevents discrimination by states, underpinning civil rights.

Landmark Supreme Court Cases

• Schenck v. United States (1919): Established the "clear and present danger" test limiting speech during wartime.
• Tinker v. Des Moines (1969): Protected symbolic student speech in schools.
• New York Times Co. v. United States (1971): Ruled prior restraint unconstitutional.
• Engel v. Vitale (1962): Declared mandatory school prayer unconstitutional.
• Wisconsin v. Yoder (1972): Protected Amish children's religious freedom from mandatory education past a certain age.
• McDonald v. Chicago (2010): Incorporated the Second Amendment to the states.
• Brown v. Board of Education (1954): Declared state-sponsored segregation in public schools unconstitutional.

Key Terms

• Selective Incorporation: Applying the Bill of Rights to states.
• Prior Restraint: Censorship before publication.
• Symbolic Speech: Nonverbal expression protected by the First Amendment.
• Judicial Review: The power of courts to determine laws' constitutionality.
• Civil Liberties vs. Civil Rights: Civil liberties protect from government, civil rights ensure equality under the law.

Important Figures

• James Madison (Bill of Rights author).
• Earl Warren (Chief Justice during many civil rights cases).
• Thurgood Marshall (First African American Supreme Court Justice).
• Sandra Day O'Connor (First female Supreme Court Justice).
• Ruth Bader Ginsburg (Notable advocate for gender equality).