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107 Cards in this Set
- Front
- Back
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Writ of Habeas Corpus
"Produce the Body" |
Order requiring an explanation to judge why prisoner is being held in custody.
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Writ of Habeas Corpus
"Produce the Body" |
Written statement to for federal judges to see if state is in violation
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Ex Post Facto Law
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Law that works to the disadvantage of an individual; Forbidden in the Constitution
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Bill of Attainder
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Legislative act pronouncing a person guilty of a crime without trial
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Due Process Clause
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Law protecting important liberties from limits requiring citizens be deprived of rights/property through valid and fair procedures
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Gitlow v. New York
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Assumes freedom of speech and press are among personal rights and liberties protected in the 14th amendment.
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Gitlow v. New York
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Constitution protects freedom of speech by state/local government
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Establishment Clause
"1st Amendment Freedoms" |
Clause in 1st Amendment forbidding Congress from establishing a state religion. Prevents belief in any one religion and is paired with a clause prohibiting limits of free expression of religion
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Establishment Clause
"1st Amendment Freedoms" |
Separates government from religion
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Emerson v. Board of Education
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Felt Establishment Clause created a "wall of separation" between states and church.
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Lemon v. Kurtzman
"The Lemon Test" |
1. Secular legislative purpose
2. Neither advance or inhibit religion 3. Avoid excessive govnt and religion entanglement |
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Lemon v. Kurtzman
"The Lemon Test" |
Not always used b/c Justices divided over how much separation b/w govnt and religion is required by the First Amendment
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Endorsement Test
(Sandra Day O'Connor) |
Believes Establishment Clause forbids govnt practices that an observer would view as endorsing religion even though no coercion
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Endorsement Test
(Sandra Day O'Connor) |
Example displays Nativity Scene for Christmas on City Hall Steps
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Non-Preferentialist Test
(Rehnquist, Scalia, Thomas) |
Const. prohibits favortism to any religion but does not prohibit govnt to aid all religions
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Strict Separation
(Souter, Stevens, Beyer, Ginsburg) |
Indirect aid for religion "scholarships" crosses the line of separation b/w govnt and religion.
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Elk Grove v. Newton
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Avoided ruling Pledge out of school by denying atheist Newton to sue on behalf of his daughter b/c he was not her legal guardian.
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Voucher
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Money provided by govnt to pay tuition for education either public/private
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Free Exercise Clause
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Clause guarantees against governmental compulsion in religious matters
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Bad Tendency Test
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Forbids speech that causes people to engage in illegal acts
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Bad Tendency Test
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Test abandoned b/c it underlaid the First Amendment
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Clear/Present Danger Test
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Alternative Test for the Bad Tendency Test
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Schenck v. United States
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Clear/Present Danger Test:
Govnt can't interfer with speech unless it presents clear danger leading to evil/illegal acts. |
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Clear/Present Danger Test
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Example: Shouting "Fire!" in a large public area such as the movies. (Justice Holmes)
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Preferred Position Doctrine
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1st Amendment so essential that govnt shouldn't punish people for what they say but for what they do.
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Non-Protected Speech
"4" |
Libel
Obscenity Fighting Words Commercial Speech |
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Libel
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Published defamation or false statements
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Seditious Libel
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Attempts to overthrow the govnt
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Actual Malice
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False statements made knowing the truth
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Obscenity
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State of work that appears to have intrest in sex by depicting sexual conduct in an offensive way or lacks serious value
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Fighting Words
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Unconstitutional b/c their nature inflict injury on those who are addresses to as acts of violence.
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Commercial Speech
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Unprotected b/c has less value than political speech.
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Commercial Speech
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Forbids and punish only false and misleading advertising or ads of anything illegal.
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Protected Speech
"4" |
Prior Restraints
Void for Vagueness Least Dramatic Means Freedom of Press |
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Prior Restraints
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censorship before publication; Govnt prohibit of speech before publication
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Void for Vagueness
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Laws so vague that persons of common intelligence must guess at its meaning and decide its application
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Least Dramatic Means
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Content/viewpoint is neutral
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Freedom of Press
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No right to withhold information such as subpoenas and govnt bodies
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Freedom of Press
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Press has right to know in the court room by open hearings and open trials
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Citizenship Rights
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All people born in the US are citizens of this country regardless of parents citizenship.
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Naturalization
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giving aliens the rights and privileges of a native or citizen
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Dual Citizenship
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Citizen in more than one nation/country
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Right of Expatriation
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The right to renounce your citizenship
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Slaughterhouse Cases
-1873- |
Distinguishes privileges of state and federal citizenship and therefore rights
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Rights of American Citizens
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Right to live & travel in the US
Right to travel aboard |
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Terry V. Ohio
-1968- |
Authorizes police patdowns for weapons
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Roe v. Wade
-1973- |
A womans right to privacy to decide to have an abortion or not
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1976
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Capital Punishment back after 10 years
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Planned Parenthood v. Casey
-1992- |
Casey reaffirms Roe v. Wade and a womans right to choose
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Mapp v. Ohio
-1961- |
Applies 4th Amend exclusion rule to the states
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Griswold v. Connecticut
-1965- |
Proclaims constitutional right to privacy
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Miranda v. Arizona
-1966- |
Police must inform defendants of their rights
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USA Patriot Act
-2001- |
Enacted in response to Sept. 11 terrorist attacks
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Lawrence v. Texas
-2003- |
Strikes down law making homo sodomy (unnatural intercourse) a crime
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Rasul v. Bush
-2004- |
Enemy engaging in combat are entitled to a review of charges by tribunal
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Property Rights
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Rights of individual to own, use, rent, buy, or sell property
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Contract Clause
(Art 1; Sec. 10) |
Prohibits states from interfering with contracts
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Police Powers
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Powers of the state to protect the public health of residence in by delegated powers
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Eminent Domain
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Power of govnt to take private property for public use, but owner must by fairly compensated.
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Regulatory Taking
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Person must loose title and control over property by eminent domain
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Due Process Clause
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Establish rules and regulations that restrains people in govnt who have power
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Procedural Due Process
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Says how power is exercised
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Procedural Due Process
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limits the exercise power by state/federal govnts, by requiring they follow certain procedures in criminal/civil matters
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Substantive Due Process
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Says what government can do
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Substantive Due Process
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Req govnt to act reasonable and substance of laws themselves
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Privacy Rights
Griswold v. Connecticut |
1. Free from govnt surveillance/intrusion
2. No private affairs made public by govnt 3. Free in thought/belief from govnt regulations |
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Abortion Rights
Roe v. Wade |
gg
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Abortion Rights
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3mths-woman decides; govnt can't interfere with decision
6mths-state says how, where, and when abortions are performed 9mths-state can prohibit abortions |
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Bowes v. Hardwick
-1996- |
excluded gays from Boy Scouts. Refused protection to private relations b/w homosexuals
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Romer v. Evans
-2003- |
Struck down Colorado law prohibiting state/local govnts from protecting gays from discrimination
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Because of the strong emotions on both sdes of privacy issue..
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Privacy is one of the developing edges of constitutional law
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Search Warrant
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Doc. issued by magistrate giving permission to search a place or person specifying the place and objects to be seized
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General Search Warrant
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authorizing police to search person or place w/o limits is unconstitutional
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Police can make warrantless searches in public if..
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searches in public if officers have probable cause
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Plain View Exception
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no warrant required if cause is in plain view
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Exigent Circumstance (Unusual)
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no warrant required. Officer can enter burning building to save a life
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Auto Exception
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probable cause if auto is going to be used for crime
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Foreign Agents
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Warrantless wiretaps of foreign country
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Steps to Get a Warrant
-3- |
Get warrant for item
Get judge signature Must have probable cause |
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Illegal seized evidence...
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is not emissible in TRIAL court
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Warrant lawful?
(comps) |
Need Computer? Can only search place where computers may be
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Exclusionary Rule
-Mapp v. Ohio- |
Evidence unconstitutional or illegal obtained is excluded from criminal trial
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Remain Silent
-5th Amendmt- |
People do not have to testify against themselves
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Immunity
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Exempt from prosecution in return for testimony in case
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Grand Jury
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Private, 12-23 people
Decides if there is enough evidence to go to trial Hears state side of story |
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Petit/Trial Jury
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Public, 6-12 people
Decides guilt or innocence in a civil/criminal case |
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Indictment
(true bill) |
Statement from grand jury charging someone w/ offense
States dont indict, feds do. |
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Plea Bargain
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Admit to guilt in order to get charges dropped or reduced
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Double Jeopardy
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A person cannot be charged for the same crime twice in same case
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Affirmative Action
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remedial action designed to overcome effects of past discrimination against women and minorities
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Natural Rights
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rights of all people to dignity and worth
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Regulation
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govnt alter the free op of the market to achieve social goals as protecting workers and the environment
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F.C.C. -1934-
Federal Communications Commission |
licenses civilian radio and televison communication
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F.T.C. -1914-
Federal Trade Commission |
Gives antitrust laws comcerning ads/labels to protect people from unfair business practices
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F.D.A. -1931-
Food & Drug Administration |
Purity, Safety, and labeling for manufacturing; Regulates certain food and drugs
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Monopoly
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domination of an industry by a single company
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Antitrust Legislation
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Prevents monopoly from dominating an industry and trade
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Trust
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Monopoly that controls goods and services, often in combos that reduce competition
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Fair Housing & Amendments
"Restrctive Covenants" |
Prohibits selling property or deed to a particular race or religion
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First Amendment
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Freedom of speehc, freedom, religion, press, assembly, and association
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Second Amendment
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Right to keep and bare arms
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Third Amendment
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No soilder shall be quarted w/o consent of owner; Protection from quartering troops
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Fourth Amendment
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Protects against unreasonable searches and seizures; Right to secure people, homes, paper, ect
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Fifth Amendment
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No person shall be held to answer for any crime unless indicted by a Grand Jury, except in govnt cases. (military)
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Sixth Amendment
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The accused shall enjoy the right to a speedy/public trial, by jury of the State where crime was committed
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Seventh Amendment
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In suits where value exceeds twenty dollars, the right of trial by jury shall be preserved
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Nineth Amendment
[Escape Hatch] |
Certain rights, shall not be construed to deny or disparage others retained by the people.
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