Amendment scenarios

Violation of the Sixth Amendment right

"to have the assistance of counsel,"

according to the ruling in Gideon v.

Wainwright (1963). May depend on state law. _e Supreme

Court held in Kelo v. New London (2005)

that the "public use" required by the Fifth

Amendment when government takes

property is satisfied if property taken for

private redevelopment is for" public

benefit." In reaction to this ruling, several

states have passed laws forbidding the use

of eminent domain for redevelopment.

Violation of Eighth Amendment

protection from "cruel and unusual

punishment."

Violation of Third Amendment, which

reads "No soldier shall, in time of peace be

quartered in any house, without the consent

of the owner."

No violation, according to the ruling in

Owasso Independent School District v.

Falvo (2001).

Violation of Second Amendment "right of

the people to keep and bear arms,"

according to the ruling in District of

Columbia v. Heller (2008). May be a violation of First Amendment

"freedom of speech." In upholding

students' right to wear plain black

armbands in silent protest of the

Vietnam War, the Supreme Court held in

Tinker v. Des Moines (1969) that school

officials may restrict student expression that

would "materially and substantially"

disrupt school discipline.