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7 November, 06:05

Amendment scenarios

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  1. 7 November, 06:56
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    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.
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