Ch 8 - 10 Flashcards
James Madison
Major architect of Bill of Rights; purpose to preserve blessings of liberty against gov infringement
Heller v DOC (2008)
Heller, a cop, denied a conceal/carry license; law required they be unloaded and nonfunctional at home. Appeals court stated requirement that equipment be nonfunctional violated second amendment
- Right to bear arms is an individual right
McDonald v Chicago (2010)
-Handgun Ban
-Argued 2nd Amendment should apply to state law
-Right to bear arms extends to states
New York Rifle & Pistol Assoc v Bruen (2022)
NY required person show sufficient need to receive a conceal carry license
-Right to conceal carry placing burden on government to show why a person cannot have firearm
4th Amendment
Protects against unreasonable search and seizure
5th Amendment
-Requires grand jury indictment
-Cannot be tried twice for same offense
-Cannot compel to testify against yourself (plead the fifth)
-Life, Liberty, Property without due process
5th Amendment clause not incorporated by 14th Amendment
Not all states use grand jury
6th Amendment
-Public and Speedy Trial
-Confront witnesses against you
-Notified of charges against you
-Compel witnesses to appear on your behalf
-Assistance of legal counsel
8th Amendment
-Excessive Bail or Fines
-Cruel and Unusual Punishment
9th Amendment
-Specific rights should not deny other rights retained by the people
-you have other rights not listed (catch-all)
10th Amendment
-All powers not given to the states (fed gov) or taken from the states are reserved to the states and the people
14th Amendment
Due process and State Rights
15th Amendment
Voting rights not based on race or color
19th Amendment
Right for women to vote
Social Compact Theory
Contract between government and the people; the people consent to be governed by a sovereign authority, negotiating individual rights
Natural Rights Theory
Laws of nature, fundamental and basic rights because you are a human being
United States v. Verdugo Uriquidez (1990)
Uriquidez is Mexican Citizen believed to be smuggling drugs into US; warrant obtained.
SC ruled protections meant for citizens of US + does not protect a nonresident in a foreign country
Corporations
Considered part of “the people” and protected by bill of rights
Incorporation Doctrine
Legal theory - Bill of Rights should be incorporated through 14th Amendment Due Process clause and made applicable
Hurtado v California (1884)
-Charged w/o grand jury in CA
-Sentenced to death for murder
-5th Amendment right to grand jury trial
-Court found not incorporated through due process, and defendant was treated fairly through use of information trial
Palko v Connecticut (1937)
-Connecticut wanted death penalty in a murder case
-Defendant convicted of second degree
-Retried case to receive death penalty
-Argued 5th Amendment double jeaopardy
Benton v Maryland (1969)
Applied double jeopardy to states
Inclusius unius est exclusio alterius
Inclusion of one item is exclusion of all others
not used for bill of rights
Implied rights
The right to: marry, travel, associate, privacy