III. Fundamental Rights Flashcards
Rights under the original text of constitution
- No ex-post factor law
- No suspension of writ of habeas corpus
- no bill of attainder (trial by congress)
- Same for states under article 1 section 10
Bill Of Rights
i. Free expression clause and religion
ii. Right to bear arms
iii. Quartering of soldiers
iv. Illegal search and seizure
v. Grand jury indictment, double jeopardy, self-incrimination, due process and takings
vi. Speedy trial, public trial, and right to counsel (criminal)
vii. Right to jury trial
viii. Excessive fines/bail, cruel and unusual punishment
ix. Other rights not listed still retained by the people
x. Protects state sovereignty
13th amendment
applies to public and private actors.
Absolutely no slavery except for criminal enslavement
14th amendment
All person born or naturalized in the U.S. and subject to jurisdiction thereof, are citizens of the U.S. and state wherein they reside.
Also contains equal protection clause, due process clause and privileges or immunities clauses.
Equal Protection Clause
Nor deny any person within its jurisdiction the equal protection of the laws
Privileges or immunities
No state shall make or enforce any law which abridges the privileges or immunities of citizens of the U.S. (never answer)
“Liberty”
Word in the 14th amendment that allows the court to create rights and to incorporate sections of the bill of rights.
Right so far created
- Abortion
- Right to refuse treatment
- Private Sexual Conduct (Reza’s Chocking fetish protected)
- marriage
- Rear Children
- Procreate (skeet skeet skeet)