Freedom Of Religion: Establishment-The lemon test- the Supreme Court specified three conditions every law must satisfy-Lemon V. Kurtzman 1971 Led to inconsistent decisions in implementationTesting a Policy’s NeutralityBy 1990s lemon test was falling out of favor for the neutrality test-Designed not to prevent favoritism School Prayer and Bible ReadingThe Supreme Court stands on school prayer and bible reading in public school-Engel V. Vitale 1962Freedom of Religion: Free Exercise-Does the government have compelling interest in legislation?-Balance that interest against the degree of infringement on free exercise -Employment Division V. Smith 1990-Otherwise valid, neutral laws that incidentally impinge on a particular religious practice do not violate the 1st amendment free exercise clause. No compelling government interests need to be shown.-But if law is not neutral (i.e. targets a specific religious practice Gun Rights-2nd Amendment – 200 years Supreme Court interpreted it as a collective good rather than personal freedom-National Rifle Association argue the amendment guarantees an individual right to own gun-People ultimate check on government tyranny District of Columbia V. Heller 2008Supreme court adopted the individual right Criminal Rights -Article 1 of Constitution-Provides Writ of habeas corpus: court orders where judge requires authorities to prove they are holding a prisoner lawfully and that allow prisoner to be freed if innocent.-Habeas corpus rights imply that prisoners have a right to know what chargesare made against them.-Prohibits ex post facto laws: laws that make an act punishable as a crime even if the act was legal at the time it was committed -Prohibits bill of attainder: laws declaring that it is illegal without a judicial trial.Bill of Rights further supplements criminal rights in Article 1 4th- 8th amendment4th Amendment protects people from unreasonable searches by the federal government -Katz V. United States 1967-The Supreme Court did not limit protections to discovery of physical evidence. It also indicated that searches not involving physical evidence of a person’s space might be illegal.-The Supreme Court in general allows police searches and seizures without warrant-During a valid arrest-When searching to ensure evidence isn’t lost-searching with suspect’s consent-search happens in “hot pursuit” of a suspect in the act of committing crime-evidence in plain view5th amendment variety of guarantees (due process)-grand jury in most serious cases-no self-incrimination (including no involuntary confessions or evidence)-Miranda V. Arizona 1966 provides guidelines for voluntary confessions and obtains confessions Miranda Rights right to remain silent, any statements may be used as evidence against him, right to the presence of an attorney -Double jeopardy (clause): protects individuals from being tried twice for the same offence in the same jurisdiction-exclusionary rule- prohibits police from using illegally seized ecidence at trail-Weeks V. U.S. 1914 : supreme court adopts exclusionary rule as judicial remedy, based on 4th and 5th amendment to deter constitutional violations-such evidence illegally obtained in inadmissible in court (map V. Ohio 1961)-Good Faith Exception allows used of tainted evidence in certain situations (no police misconduct and in good faith)6th Amendment –guarantees accused person the assistance of counsel in his defense (hire an attorney or have one appointed by federal court, speedy and public trial by impartial jury, confront witnesses-Gideon V. Wainwright 1963: state must provide legal counsel in felony cases-Later expanded to non felony cases and requires competent counsel -trial by jury requires for possible prison sentences of 6 months or more -right to confront 8th Amendment prohibits cruel and unusual punishments-Supreme Court for the most part, has limited application of the amendment to death penalty cases.-Furman V. Georgia 1972 ruled death penalty as cruel and unusual punishment-the federal government and 3 states redrafted laws to address the courts objection -Gregg V. Georgia 1976 death penalty is not cruel and unusual punishment9th amendment –the enumeration in the constitution of certain rightsPrivacy -the right is not explicity stated Right to privacy: right to be left alone Childbearing Choices -Griswold V. Connecticut 1965 -abortion rights to women-Eisenstaedt V. Baird 1972- right for married couples to have privacy-Roe V. Wade- abortion rights-Electronic communication and advanced technology blur the line between government and third party information gathering-concerns include the creation and maintenance of massive databases by third