Constituional Law Flashcards
7 articles
1- legislature ( rep / voice of people)
- President (executive)
- Court
- Full faith in credit - no state can use law to discriminate against citizens in diff state
- Constitution!
- How states bound to follow constitution
- Ratification / constitution approved- not used
Consituion adopted when where
Sept 17 1787 in philly pen
How amany amendments out of 10k were approved ?
27
First 10 commandments known as
Bill of rights
- Freedom of speech
It is limited, can’t cause panic, false Cali,s, swearing
Religion- can’t break laws behind. Religion
- Right to bear arms
Citizens have right but is limited
They can check license, background check, size, age, limit
- In atomie of peace no solider will be quarter in ones house even inwar
K
- Right against unreasonable search and seizure
Need warrent or probable cause
This protects the gov not private citizens
Warrent- doc issued by judge
Search warrent- police search person place thing, evidence of crime, proved to have probable cause
- Right against unreasonable search and seizure continued - there are accept ions
Courts grapple with search- public safety concern
Persons legit expectation of privacy what’s being search (ppl,place,thing)
To get warrent issues- show doc of probable cause
Oat and affirmation- swear your telling truth
- Right against unreasonable search and seizure continued - there are accept ions
Search incident to armrest with public safety concern
Plain view exception- wave privacy rights
Existent circumstance- then/there
Hot pursuit- chase burgulry into place
- Right to grand jury/ no double jeapordy, due process, no prop taken without just compensation
Exceptions to Miranda rights - spontaneous statements & pedigree info
Protects us from gov
Can’t be charged with same crime twice
Don’t have to give evidence/confession against yourself (Miranda rights)
Gov can’t take life liberty property without due process- notice and opportunity has to be heard
- Right to speedy trial/public/council (lawyer)
Prosay- represent yourself in court by waving right to attorney/jury
If court empty or ppl not there it’s still fair
Speedy trial clock stopped if decent wants it and omnibus motions
Right to confront accusers- jury trial in criminal cases n(not petty offenses)
- Right to a _______ trial during civil case
Right to a jury trial in civil case
- No excessive bail/cruel unusual punishment
No unreasonable bail mad
Judge is fair - innocent free until proven guilty
Cruel- excessively painful or brutal
Unusual- punishment unfitting of crime
Controversy or humane ways for death penalty
Life liberty property proves pro death penalty
- Bill of rights isn’t comprehensive -
They aren’t the only rights people have
U have more right
- States can come up with laws based on things not in constitution
Public school standard in each state can be diff
End of bill of rights - now onto other amendments
K
14 amendment- dude process of law states can’t deny us our rights from within bill of rights
They can give more rights than what’s in constitution but NOT LESS
Due process clause - binding states to due process
Citizens clause- everyone can have citizenship
Equal protection clause
16- enables federal gov to collect ______ taxes 1913)
Income tax
18 prohibition of ______ consumption / selling / holding
ALCOHOL
21- takes away the 18th amendment of alcohol prohibit (1933)
Alcohol is now allowed
24th amendment Prohibits government from collecting ______ taxes (1964)
This is so everyone can vote even ppl without money
19- women have the right to _____
VOTE
ERA
Equal Rights Movement
Debate on how constitution is interpreted
Monolithic - read literally with no change
VS.
Guide post- can change as society changes
