Constitutional Law Flashcards
What is the constitution?
it defines the rights, privileges and responsibilities of the people and limits government authority over people.
Article I: The Legislative Branch is…
the branch that makes the laws. Consists of the House of Representatives and the Senate.
Article II: The Executive Branch is…
the branch that enforces laws. The president enforces the laws and has the ability to enter treaties with foreign nations.
Article III: The Judicial Branch is…
the branch that interprets laws. US Supreme Court and the lower federal courts, interprets laws through its decisions.
What is the system of checks and balances?
Ensures that no single branch of government becomes excessively strong. Each branch exercises a certain degree of control over the other two.
What is the bill of rights?
the first ten amendments to the constitution
What does the first amendment guarantee?
freedom of religion, freedom of speech, freedom of the press, and the dual right to assemble peaceably and to petition the government.
First Amendment: Religion
the free exercise clause prevents the government from interfering with religious beliefs. Government cannot make a national religion.
First Amendment: Speech
people have the right to express their thoughts and ideas, expression. government cannot regulate the message of the speaker.
Speech: Fighting Words
words that incite an immediate violent arousal or provoking a fight.
Speech: True Threats
a clear or present determination or intent to injure someone presently or in the future.
Speech: Advocating Imminent Lawless Action
advocating the laws be ignored.
Speech: Constituting a clear and present danger
knowingly conveying false information about an impending peril, such as calling fire!
Speech: Obscenity
below community morals and provokes lustful thoughts (child pornography).
Speech: Fraudulent Misrepresentation
when material fact and is intended to cheat people out of their property.
Speech: Peaceful Assembly
a speaker does not have the right to express his views on another person’s private property.
non-public: military bases, FLETC
public: parks, sidewalks, public streets
Speech: electronic recording of law enforcement officers
private citizens have the right to videotape le officers who are performing official business.
Fourth Amendment is…
the amendment that prohibits unreasonable government searches and seizures.
Fifth Amendment: Double Jeopardy…
means to be tried twice, by the same sovereign for the same offense.
Fifth Amendment: Self Incrimination…
government interrogation means words or actions likely to elicit an incriminating response (admission has to be voluntary).
Fifth Amendment: Due process of law…
no person may be denied life, liberty or property.
Sixth Amendment: Speedy Trial…
clock commences to run when the suspect is taken into custody.
Sixth Amendment: confrontation of witness…
provides the accused with the most effective way of challenging the accuracy of testimony (can challenge/confront the witness).
Sixth Amendment: assistance of counsel…
the right to counsel regarding the offenses for which he is charged.
Sixth Amendment: venue…
original jurisdiction for the prosecution of federal crimes rests with the federal district court.
