SUNDAYS at JASA - Spring 2019

Course: The Bill of Rights

Course Description:

This course will explore the protections in the Bill of Rights, the first 10 amendments to the U.S. Constitution. In a 10 amendments in 10 weeks curriculum, we will start with the First Amendment’s protection for freedom of speech, consider the more controversial protection of gun ownership in the Second Amendment and end with the Tenth Amendment’s role in balancing state and federal power.

Text of the Bill of Rights: http://www.ushistory.org/documents/amendments.htm

Course Syllabus

General Material

U.S. Constitution Annotated - https://www.law.cornell.edu/constitution-conan

8 things you should know about the Bill of Rights - https://www.history.com/news/8-things-you-should-know-about-the-bill-of-rights

Can You Pass a Bill of Rights Quiz? - https://constitutioncenter.org/blog/can-you-pass-this-bill-of-rights-quiz/


Material Related to Specific Amendments

Week One - The First Amendment Free Speech Clause:

Text of the First Amendment

Unprotected Categories of Expression

Free Speech Values

List of United States Supreme Court First Amendment Cases - https://en.wikipedia.org/wiki/List_of_United_States_Supreme_Court_cases_involving_the_First_Amendment

The First Amendment Encyclopedia - https://www.mtsu.edu/first-amendment/encyclopedia

U.S. Constitution Annotated: First Amendment - https://www.law.cornell.edu/constitution-conan/amendment-1

The Flag Burning Page

Week Two - The First Amendment Religion Clauses

The Constitution and Religion - https://www.usconstitution.net/consttop_reli.html

Lemon Test

Endorsement Test

Agostini Test

Excerpt from Justice O'Connor's Concurring Opinion in McCreary County v. ACLU

Excerpt From Justice Scalia's Concurring Opinion in Lamb's Chapel

Time Line of Parochial School Funding Cases Updated

Time Line of Parochial School Funding Cases

Religious Symbols on Public Land (pictures of actual displays)

Holiday Displays (pick which ones would be constitutional)

Peace Cross - http://www.waymarking.com/gallery/image.aspx?f=1&guid=959765d6-7101-4251-9a43-4d243a5a5f07&gid=3 and https://www.washingtontimes.com/multimedia/image/peace-crossjpg/

American Legion v. American Humanist Association - https://www.scotusblog.com/case-files/cases/the-american-legion-v-american-humanist-association/

American Legion v. American Humanist Association - https://www.law.cornell.edu/supct/cert/17-1717

American Legion v. American Humanist Association -  Supreme Court Opinion - https://www.supremecourt.gov/opinions/18pdf/17-1717_j426.pdf

Week Three - The Second and Third Amendments

U.S. Constitution Annotated: Second Amendment - https://www.law.cornell.edu/constitution-conan/amendment-2

U.S. Constitution: Article I, Section 8: Armies and Militias

U.S. Constitution Annotated: Third Amendment - https://www.law.cornell.edu/constitution-conan/amendment-3

The Third Amendment by Gordon S. Wood (National Constitution Center) - https://constitutioncenter.org/interactive-constitution/amendments/amendment-iii

New York State Pistol & Rifle Association v. City of New York - https://www.scotusblog.com/case-files/cases/new-york-state-rifle-pistol-association-inc-v-city-of-new-york-new-york/

Week Four - The Fourth Amendment

Text of the Fourth Amendment

Probable Cause

Phone Booth - https://www.flickr.com/photos/10707024@N04/2529300908/lightbox/

U.S. Constitution Annotated: Fourth Amendment - https://www.law.cornell.edu/constitution-conan/amendment-4

Week Five - The Double Jeopardy, Self-Incrimination and Takings Clauses of the Fifth Amendment

Text of the Fifth Amendment

Week Six - The Fifth Amendment: The Due Process Clause

Due Process Clauses

Grant Gilmore Quotation

Procedural Due Process: Mathews v. Eldridge Factors

Griswold v. Connecticut Chart of Opinions

Due Process Tests: Minimum Scrutiny and Strict Scrutiny

Obergefell v. Hodges - Quotation from Justice Kennedy's Opinion

Week Seven - The Fifth Amendment: The Equal Protection Component of the Fifth Amendment Due Process Clause

Text of Fifth and Fourteenth Amendments

Equal Protection Standards - Levels of Scrutiny

Equal Protections Tests

Characteristics of a Suspect Class

Week Eight - The Sixth Amendment

Sixth Amendment

Text of the Fifth Amendment

Fourteenth Amendment

Strickland Test

Week Nine - The Seventh and Eighth Amendments

Seventh and Eighth Amendments

List of Supreme Court Decisions on Capital Punishment - https://en.wikipedia.org/wiki/List_of_United_States_Supreme_Court_decisions_on_capital_punishment

Death Penalty Information Center - https://deathpenaltyinfo.org

Pew Research Center - https://www.pewresearch.org/fact-tank/2019/03/14/11-states-that-have-the-death-penalty-havent-used-it-in-more-than-a-decade/

Summary of U.S. Supreme Court Death Penalty Decisions in the 2018-2019 Term - https://deathpenaltyinfo.org/united-states-supreme-court-decisions-2018-2019-term

Week Ten - The Ninth and Tenth Amendment

Ninth and Tenth Amendments

Supremacy Clause