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Schenk
vs
United States

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Schenk


The United States

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vs.

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My free speech was violated!

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By Julian and Brianna

Table of Contents

Page 3 - Introduction

Page 4 -5 - Rights of the Accused

Page 6 -7 - Habeas Corpus

Page 8 - Criminal case

Page 9 - Court case

Page 10 -11 - Impact

Page 11-12 - Summary

Page 13 - Line graph

Page 14 - Bar graph

Page 15 - Citations

Ever wonder how our rights came to be? First let's talk about Judicial Review. Judicial Review is when the congress passes a law and the supreme court has the power to rule the law unconstitutional. This is important because if the legislative branch were to pass a law that violated your right to speech, you wouldn't be able to speak freely.

Additionally, the constitution is the nation's blueprint for the government. Federalism is when power is divided between the federal government and state government. The Constitution and the principle of federalism are connected because they both help to keep one branch from having too much power. The amendments are important because it tells you your rights.

Julian

2

Introduction

Ever wonder how our rights came to be? First let's talk about Judicial Review. Judicial Review is when the congress passes a law and the supreme court has the power to rule the law unconstitutional. This is important because if the legislative branch were to pass a law that violated your right to speech, you wouldn't be able to speak freely.

Additionally, the constitution is the nation's blueprint for the government. Federalism is when power is divided between the federal government and state government. The Constitution and the principle of federalism are connected because they both help to keep one branch from having too much power. The amendments are important because it tells you your rights.

Julian

3

Rights of the accused

In America we have a constitution. In the constitution we have 27 amendments. To narrow it down, the three most important are the fourth, (search and seizure) the fifth, (right to remain silent) and the sixth (right to a fair and speedy trial). These three are most closely associated with the idea of “The right of the accused”. In 1791, the fourth amendment (search and seizure) was incorporated into the constitution. This amendment was created because it was a very central idea of America in a way, with the term “Every man’s house is his castle.” But what qualifies as unreasonable search and seizure? That is a common question. So what’s the answer? The simple answer to this question is when a government official goes into your house and takes stuff without a warrant, consent, or a plausible reason for doing so (reasons for someone committing a crime, etc).
(continued)

(+) Now, in our society, this amendment continues to assist society and people with their rights. If there were no legislation on this, perhaps the officials would have misused their power and started searching everyone's house for no valid reason. As a country, we have grown so much since the Bill of Rights was created, and we will continue to stand together.

Julian

4

(+) Now, in our society, this amendment continues to assist society and people with their rights. If there were no legislation on this, perhaps the officials would have misused their power and started searching everyone's house for no valid reason. As a country, we have grown so much since the Bill of Rights was created, and we will continue to stand together.

Julian

5

Habeas Corpus

The writ Habeas Corpus was written so that your natural rights would be protected from the government. When colonies were controlled by England, the King took most of Americans natural rights (life, liberty and pursuit of happiness) Americans couldn’t take it anymore and wouldn't let the King take all our rights away so they decided to rebel. This led to the American Revolution. When we became our own country it was now called America. With this, the founding fathers wanted a better system of government and eventually ended up writing the Constitution. Written in the Constitution was a set of laws that were passed so that the states get to determine if the punishment of the prisoner (person who is guilty) is valid. These laws were called the Habeas Corpus. (continued)

(+) Habeas Corpus is when the government or police are not allowed to arrest/detain you without having a valid reason to.  It protects Americans rights because they can’t be able to arrest you without proof you commited the crime. You must be proven guilty in order to be punished. If stated otherwise, this goes against Habeas Corpus. If you are proven guilty by the court than Habeas Corpus doesn’t really apply to you. However, if you are innocent and the police wants to arrest you and not having a reasonable reason the Habeas Corpus does apply to you. Habeas Corpus is extremely important in protecting your natural rights. Without Habeas Corpus innocent people will be put in jail and people who are guilty would be free. Habeas Corpus helps all Americans to live life with liberty and be able to be happy.  To sum it up, this is how the Habeas Corpus helped with protecting Americans constitutional rights. 

Brianna

6