The Free Exercise Clause:
A person or group must show (1) that the ritual is motivated by
"sincere religious belief," and (2) that the state has imposed a
"substantial burden" on the practice. If these two criteria are met,
the government must accommodate the religious practice -- unless
the government can show that it has a "compelling interest" in
restricting the practice, and that its restriction is the most lenient
way possible (the "least restrictive means") of serving that interest.
Cantwell v. Connecticut (1940)-- the Court upheld the right of
Jehovah's Witnesses to proselytize on a street corner
West Virginia v. Barnette (1943)-- the Court ruled that Jehovah's
Witness children could not be forced to salute the flag in public
schools
Sherbert v. Verner (1963)-- the Court held that a Seventh Day
Adventist could not be denied unemployment insurance because
she refused to work on Saturdays
Wisconsin v. Yoder (1972)-- the Court overturned the conviction
of an Amish parent who refused to send his children to school
beyond the eighth grade.
Employment Division v. Smith (1990)-- upheld the denial of
unemployment benefits to two members of the Native American
Church who had been fired from their jobs for ingesting peyote --a
hallucinogen which has been an integral part of Native American
religious practices for centuries. This ruling eliminated the
requirement that the government prove a "compelling interest" in
restricting a religious practice.
Religious Freedom Restoration Act (1993)
"(4) in Employment Division v. Smith, 494 U.S. 872 (1990) the Supreme
Court virtually eliminated the requirement that the government justify
burdens on religious exercise imposed by laws neutral toward religion; and
(5) the compelling interest test as set forth in prior Federal
court rulings is a workable test for striking sensible balances
between religious liberty and competing prior governmental
interests.
(b) Purposes: The purposes of this Act are--
(1) to restore the compelling interest test as set forth in
Sherbert v. Verner, 374 U.S. 398 (1963) and Wisconsin v.
Yoder, 406 U.S. 205 (1972) and to guarantee its application
in all cases where free exercise of religion is
substantially burdened; "
City of Boerne, Texas v. Flores (1997)
Voting 6 to 3 the Supreme Court struck
down the Religious Freedom Restoration Act as
unconstitutional.
14th Amendment
"Section 1. . . . 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 5. The Congress shall have power to enforce, by appropriate
legislation, the provisions of this article."
From the majority opinion in Texas v. Flores:
"The design of the Amendment and the text of Section 5 are inconsistent
with the suggestion that Congress has the power to decree the
substance of the Fourteenth Amendment's restrictions on the States.
Legislation which alters the meaning of the Free Exercise Clause
cannot be said to be enforcing the Clause. Congress does not enforce
a constitutional right by changing what the right is. It has been
given the power "to enforce," not the power to determine what
constitutes a constitutional violation. Were it not so, what
Congress would be enforcing would no longer be, in any meaningful
sense, the "provisions of [the Fourteenth Amendment]."
Freedom of the Press:
Near v. Minnesota (1931)--"prior restraint" was
unconstitutional.
Exceptions: national security
regulating obscenity
prohibiting expression that would incite acts
of violence.
New York Times v. United States (1971)--The
Pentagon Papers
Second Amendment--
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.
Fourth Amendment--Search and Seizure
Mapp v. Ohio (1961)--exclusionary rule.
Exceptions to the exclusionary rule:
1) Good faith
2) Clear view
3) Hot pursuit
4) Inevitable Discovery
Fifth Amendment--
Provides for grand jury indictments
Prohibits Double Jeopardy
Protects against self-incrimination
Guarantees "due process"
Miranda v. Arizona (1966)
Sixth Amendment--
Right to public trial
Right to trial by jury
Right to confront witnesses
Right to counsel
Gideon v. Wainwright (1963)
Seventh Amendment--
Guarantees the right to trial by jury in a
civil suit in which the value and
controversy exceeds $20.00
Eighth Amendment--
1) Excessive bail shall not be set.
2) Excessive fines shall not be set.
3) No cruel and unusual punishment.
Furman v. Georgia (1972)
Gregg v. Georgia (1976)
Ninth Amendment and Tenth Amendment:
Right to Privacy--
Griswold v. Connecticut (1965)
Roe v. Wade (1972)