all the amendments to know Flashcards
ensures freedom of speech, freedom of the press, freedom of petitioning the govt, freedom of assembly, and freedom of religion HOWEVER none of these rights are absolute and the supreme court ruled these could be limited in the interest of the public good but restrictions gotta be well defined, limited to only few instants, and justified well
- letter from a Birmingham jail
- establishment clause
cases: Schenck v us, tinker v des Moines, nyt vs us, Engle v Vitale, wisconsin v yoder
- free exercise clause
- due process clause
amendment 1
Protects citizens’ rights to keep and bear arms
- doctrine of selective incorporation
- McDonald v Chicago (strikes down gun control laws)
- US v Lopez (struck down gun free zones act of 1990, court affirmed “broad lawmaking power of congress under commerce clause” but ruled that congress did not have power of firearm regulation)
amendment 2
Forbids quartering of soldiers and direct public support of armed forces
amendment 3
no unreasonable search and arrest without warrant, Places restrictions on govt agencies regarding criminal or civil procedural investigations, does much to protect an individual’s person, house, papers, and effects against unreasonable searches and seizures
When police wants to search private property they usually must first go before a judge and justify the search and if the judge is convinced there’s a probable cause (search is likely to uncover evidence of illegality) then they’ll issue a search warrant (limits where police may search and what they may take as evidence)
Exclusionary rule- evidence found by police who disregard the search warrant cannot admit it as evidence in trial
Objective good faith exception established by supreme court which allows for convictions in cases where a search wasn’t technically legal but it was conducted under the assumption it was
Inevitable discovery rule- illegally seized evidence that eventually would have been found legally is admissible for court trial
Police may conduct an immediate search if they have probable cause to believe they will find evidence of criminal activity especially if there are exigent circumstances aka reason to believe evidence will disappear by the time there is a warrant received and return but they have to prove in trial it was probable cause
amendment 4
Guarantees grand jury when a suspect is held for a capital/infamous crime
Eliminates double jeopardy (being prosecuted for the same crime many times)
Establishes the right of the govt to seize property for public use under eminent domain but ONLY if the seizure is justly compensated
Federal govt cannot deprive an individual of life liberty or property on any level unless due process of law is applied
Rights granted to the accused are a fundamental protection against govt abuse of power
- gideon v wainwright
- selective incorporation
amendment 5
Allows persons accused of a crime to be prosecuted by an impartial jury
Forms basis of habeas corpus - protects against unlawful imprisonment and ensures that a person cannot be held indefinitely without being formally charged before a judge or in a court or without a legal reason to extend their detention
Guarantees defendants right to a speedy trial
amendment 6
Allows for trial by jury in common law cases
amendment 7
No excessive bail or cruel and unusual punishment however govt is not required to offer bail for all defendants
Cruel and unusual punishment clause- “heart of the death penalty,” court has placed limits on when the death penalty can be applied but upholds constitutionality of the death penalty IF applied properly
amendment 8
Reaffirms principles of a limited federal govt
Rights not specifically mentioned in the Constitution are still protected ex. The right to like idk wear a dress even though it’s not explicitly stated
Bill of Rights’ IMPLIED RIGHT TO PRIVACY
- roe v wade
amendment 9
-any rights not stated are given to states and people
amendment 10
individuals cannot sue a state in a federal court
amendment 11
separate ballot for vp and president
amendment 12
- civil rights
- made slavery illegal
amendment 13
- civil rights
- declared all persons born in the us were citizens and that all citizens were entitled to equal rights protected by the due process
- equal protection clause
amendment 14
banned laws that would prevent african americans from voting on the basis of their race and or the fact they were previously enslaved
amendment 15