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==== Right to remain silent ====
==== Right to remain silent ====
*''[[Berghuis v. Thompkins]]'' '''{{ussc|_|_|2010}}''' The right to remain silent does not exist unless the suspect invokes it.
*''[[Berghuis v. Thompkins]]'' '''{{ussc|||2010}}''' The right to remain silent does not exist unless the suspect invokes it.


==== Right to competency evaluation ====
==== Right to competency evaluation ====

Revision as of 01:46, 26 January 2011

Landmark decisions pertaining to individual rights

Discrimination based on race

Discrimination based on sex

Discrimination based on sexual orientation

Birth control and abortion

End of life

Restrictions on involuntary commitment

Power of Congress to enforce civil rights

Landmark decisions in U.S. criminal law

Freedom from unreasonable search and seizure

Right to an attorney

  • Gideon v. Wainwright, 372 U.S. 335 (1963) Anyone charged with a serious criminal offense has the right to an attorney and the state must provide one if they are unable to afford legal counsel.
  • Escobedo v. Illinois, 378 U.S. 478 (1964) A person in police custody has the right to speak to an attorney.
  • Miranda v. Arizona (and Westover v. United States, Vignera v. New York, and California v. Stewart) 384 U.S. 436 (1966) Police must advise criminal suspects of their rights under the Constitution to remain silent, to consult with a lawyer and to have one appointed if he is an indigent. The interrogation must stop if the suspect states he or she wishes to remain silent.
  • In re Gault 387 U.S. 1 (1967) Juveniles accused with a crime are protected under the due process clause of the Fourteenth Amendment.
  • Montejo v. Louisiana, 556 U.S. ___ (2009) A defendant may waive his right to counsel for police interrogation, even if police initiate the interrogation after the defendant's assertion of his right to counsel at an arraignment or similar proceeding. This decision overruled Michigan v. Jackson.

Right to remain silent

Right to competency evaluation

Other competency rights

  • Godinez v. Moran, 509 U.S. 389 (1993) A defendant competent to stand trial is automatically competent to plead guilty or waive the right to legal counsel.

Right to refuse treatment

  • Rogers v. Okin, 478 F.Supp. 1342 (D. Mass. 1979) The competency of committed patients is presumed until a patient is adjudicated incompetent.

Capital punishment

Other criminal sentences

  • Graham v. Florida, _ U.S. _ (2010) A sentence of life imprisonment, without the possibility of parole, may not be imposed on juvenile non-homicide offenders.

Landmark decisions in U.S. federalism

  • Marbury v. Madison 5 U.S. 137 (1803) Established the Supreme Court's power to strike down acts of United States Congress that were in conflict with the Constitution (see judicial review).
  • Martin v. Hunter's Lessee, 14 U.S. 304 (1816) Federal courts may review State court decisions when they rest on federal law or the federal constitution. This decision provides for the uniform interpretation of federal law throughout the various states.
  • McCulloch v. Maryland, 17 U.S. 316 (1819). The court stated the doctrine of implied powers, from the Necessary and Proper Clause at Article I, section 8. To fulfill its goal, the federal government may use any means the constitution does not forbid (as opposed to only what the constitution explicitly allow or only what can be proved to be necessary). State government may in no way hinder the legitimate action of the federal government (here, Maryland cannot levy a tax on the Bank of the United States). The court has varied in time on the extents of the implied powers with a markedly narrower reading approximately from the 1840s to the 1930s).
  • Ableman v. Booth, 62 U.S. 506 (1859) State courts cannot issue rulings that contradict the decisions of federal courts.
  • Missouri v. Holland, 252 U.S. 416 (1920) Treaties made by the federal government are supreme over any state concerns about such treaties having abrogated any states' rights arising under the Tenth Amendment.
  • Steward Machine Company v. Davis, 301 U.S. 548 (1937) The federal government is permitted to impose a tax, even if the goal of the tax is not simply the collection of revenue (in this case, it was argued that a tax upon employers was designed to coerce states into adopting laws providing unemployment compensation).
  • Wickard v. Filburn, 317 U.S. 111 (1942) The Commerce Clause of the constitution allows congress to regulate anything that has a substantial economic effect on commerce, even if that effect is indirect.
  • Cooper v. Aaron, 358 U.S. 1 (1958) States are bound by the decisions of the U.S. Supreme Court and cannot choose to ignore them.
  • United States v. Nixon, 418 U.S. 683 (1974) Ruled that the doctrine of executive privilege is legitimate, however the President cannot invoke it in criminal cases to withhold evidence.
  • South Dakota v. Dole, 483 U.S. 203 (1987) It is permissible to withhold Federal highway funds to encourage states to meet a federal standard setting the minimum legal age for purchasing and possessing alcoholic beverages.
  • U.S. Term Limits, Inc. v. Thornton, 514 U.S. 779 (1995) State law cannot set term limits on members of Congress.
  • United States v. Lopez, 514 U.S. 549 (1995) The Commerce Clause of the Constitution does not give Congress the power to prohibit mere possession of a gun near a school, because gun possession by itself is not an economic activity that affects interstate commerce even indirectly.
  • Clinton v. Jones, 520 U.S. 681 (1997) The President of the United States has no particular immunity, which could require civil law litigation against the President for a dispute unrelated to the office of President (e.g. having occurred before (s) he took office), to be stayed until the end of the President's term. Such delay would deprive plaintiffs, (and arguably the defendant), of the Sixth Amendment right to a speedy trial.
  • Clinton v. City of New York, '524 U.S. 417 (1998) The line-item veto is unconstitutional on a federal level, as it amounts to a presidential amendment to the law without the pre-authorization of Congress. According to the Constitution, Congress must initiate all amendments to existing laws.
  • Printz v. United States, 521 U.S. 898 (1997) Certain interim provisions of the Brady Act requiring state officials to execute a federal law (in doing background checks for gun ownership) are unconstitutional.
  • United States v. Morrison, 529 U.S. 598 (2000) Parts of the Violence Against Women Act of 1994 were unconstitutional because they exceeded congressional power under the Commerce Clause and under section 5 of the Fourteenth Amendment.
  • Gonzales v. Raich, 545 U.S. 1 (2005) Congress may ban the use of marijuana even where states approve its use for medicinal purposes.

Landmark decisions in First Amendment Rights

Freedom of Speech and of the Press

Freedom of Religion

Right to Assemble and Petition the Government

  • Hurley v. Irish American Gay Group of Boston, 515 U.S. 557 (1995) Private parade organizers have a right to exclude groups with whose message they disagree from participating.
  • Boy Scouts of America v. Dale, 530 U.S. 640 (2000) Private organizations' First Amendment right of expressive association allows them to choose their own membership and expel members based on their sexual orientation even if such discrimination would otherwise be prohibited by anti-discrimination legislation designed to protect minorities in public accommodations.

Landmark decisions in Second Amendment Rights

The right of the people to keep and bear Arms

  • District of Columbia v. Heller (2008) Ruled that "The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home."[2]
  • McDonald v. Chicago (2010) Ruled that The Second Amendment right to keep and bear arms for self defense is fully applicable to the states through the Fourteenth Amendment.[3]

Legality of targeted firearms prohibition

  • United States v. Miller (1933) Held that a Sawed-off Shotgun did not constitute a weapon suitable for militia use, and therefore verified the constitutional integrity of the National Firearms Act. Prior to Heller, Miller was the primary legislation covering the individual right to bear arms, and its more conservative interpretation of individual rights (in the context of the militia) was the primary jurisprudential basis for subsequent legislation outlawing specific weapon types. The National Assault Weapons Act of 1993, especially, was dependent on Miller, and the future of such legislation in the context of Heller is yet to be determined.

Landmark Decisions in Other Areas of U.S. Law

References

External links