Chapter 8 Test Flashcards
9th Amendment
guarantees beyond those set out in the Constitution - “retained by the people”
5th Amendment
- right to grand jury
- guarantee against double jeapordy
- guarantee against self-incrimination in criminal cases
- Federal Government cannot deprive any person of “life, liberty, or property without due process of law.”
- just compensation
2nd Amendment
- right to keep and bear arms (well regulated militia)
confidentiality
- right to refuse to testify in order to protect their sources
- cannot reveal important, sensitive information
limiting personal rights
● Eminent domain- government power to take private property for public use as long as they compensate you
● Police power- states capacity to regulate behavior, and enforce order within their territory
● Buffer zones- a zone that is off-limits usually to protect safety or regulatory reasons
● Free speech zones- areas set aside where people can express their opinions often
controversial ones
● Content neutral regulation- well that applies to all expressions without regard to the
substance or message of the speech
writ of habeas corpus
court order that prevents unjust arrests and imprisonment
Miranda v. Arizona
Miranda (mentally challenged) was not told his rights and confessed - struck down conviction
- requirement that police must read a suspect his or her rights before any questioning occurs
6th Amendment
- right to a speedy & public trial
- guarantees a prompt trial in federal cases
- person accused of a federal crime must be tried “by an impartial jury”
- members of federal court jury must be drawn from where the crime was committed (jury familiar with people & area)
- guarantee right to an attorney regardless of ability to pay for one
4th Amendment (Protections & Exclusions)
- forbids unreasonable searches and seizures
Due Process Clause
government must act fairly and in accord with established rules in all that it does
1st Amendment
- guarantee of religious freedom separates church & state
- rights of free speech and press guarantee the freedom to express
- rights to assembly and petition
procedural due process
government must employ fair procedures and methods
- “how”
substantive due process
government must create fair policies and laws
- “what”
Texas v. Johnson
ruled that State authorities had violated a protester’s rights
- burning the American flag is an act of political protest
Virginia v. Black
upheld that burning of a cross is an act of intimidation, a threat that can make one fear for safety
