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| punishes group or individual without judicial trial |
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| gov't must tell accused why he or she is in jail |
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| retroactive criminal law- affects accused individual negatively after crime is already committed |
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| part of the BOR, like all of the first 10- speech, press, assembly, religion, petition. Establishment and free exercise clauses. No national religion allowed. Get out. |
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| no quartering of soldiers in houses, because that sucks a lot. |
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| restricts searches and seizures- fairness in arrests and all that crap |
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| grand juries, restricts eminent domain, prohibits self-incrimination and double-jeopardy (i plead the fifth!!!!!!11!!!) |
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criminal court procedures.
boring. |
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| trial by jury in civil cases as low as 20 bucks |
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| no excessive bail, no cruel or unusual punishment |
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| amendments 1-8 do not include all the possible rights of the people |
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| any powers not given to the national gov't in the Constitution are reserved for the states |
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| protects against violations of rights by state gov'ts- "incorporation," due process, the equal protection clause |
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| 1925. Passing out pamphlets supporting socialism and against gov't, violating NY state sedition act. SC upholds conviction but incorporates freedom of speech and press as fundamental personal rights |
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| 1963. Breaking and entering into a pool hall. SC finds in his favor because he did not have attorney (6th amendment), and incorporates right to attorney to the states. |
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| court power to judge constitutionality of laws or gov't regulations |
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| gov't can't create an official church (1st amendment) |
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| gov't must allow people to worship as they please (1st amendment) |
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| popular term for completely dividing church and state; probably came from Thomas Jefferson |
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| 1962. No prayer written by NY state board in school. |
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| Everson v. Board of Education |
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| 1947. Busing for parochial schools allowed- "religiously neutral." I seriously doubt we have to know the specifics of this case. |
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| 1985. No "moment of silence" in schools for you, Alabama! Take that. |
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| Some time during WWI. Pronounce it "Schneck" and I'll be pissed. Charles Schenck tries to discourage guys from entering the draft by mailing circulars, violating the Espionage Act of 1918. SC upholds conviction- Oliver Wendell Holmes says that anything directly causing an illegal act is not protected by First Amendment. Creates the "clear and present danger" test. |
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| clear and present danger test |
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| created by "Schenck v. U.S." (Not Schneck.) Anything causing a clear and present danger to national security is not protected by the First Amendment. |
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| Pre-WWII. Punished for willfully advocating the overthrow of the gov't or for being a member in a group with the same goals. Used to fuel McCarthyism. Also found along with the Internal Security Act of 1950. |
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| Vietnam War-era?! Established that speech must incite "imminent" unlawful action. Involved KKK leader swearing a lot at people, but he got off. |
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| attacking a person's character on paper. not protected automatically, but hard to prove. Public figures require not only proof that the info is false, but also that there was "actual malice." What the hell is actual malice, anyway? That is the question. |
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| not protected by first amendment. Must be "prurient to the general population" or something. Basically, it has to be porn, which will offend the average joe and has no other value. "I know it when I see it," according to Potter Stewart. Whattaguy. Some places choose just to restrict where porn can be sold. |
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| not always protected, because it could be used to justify anything. Flag burning is ok though. Advocacy of illegal action and "fighting words" (as in, "them's fightin' words!") are not ok. |
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| 1989. Flag burning is a-ok. It's symbolic. |
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| one of those damn penumbras. First appeared in 1965. Can you name the case? Just kidding. It was Griswold v. Connecticut. |
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| established right to privacy. Doctor and family-planning specialist wanted to sell birth control, but were arrested under CT law banning contraceptives. Man that's dumb. There is a right to privacy and family planning. |
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| 1973. Abortion is ok, somewhat. Justice Blackmun writes a confusing opinion. Lots o' controversy. |
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| Power of gov't to take over private property for public use, with fair compensation. We never talked about this, ever. Unless I was asleep, which happens sometimes. 5th Amendment |
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| Unreasonable search and seizure |
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| Protected against by 4th amendment. "Probable cause" and all that good stuff. |
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| 1961. The woman, the cops, and the porn. They were looking for drugs but found porn, and tried to take her to court. She appealed, arguing that her 4th amendment rights were violated (no "probable cause" to search for porn). She gets off, redefining rights of the accused. |
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| 1966. Rapist claims he had the right to not tell people he was a rapist. 5th Amendment Rights improved upon with newfound Miranda Rights- right to remain silent, lawyer, etc. It's ok though, he went to jail anyway. I think. |
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| evidence gathered illegally cannot be used in a trial. |
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| Cruel and unusual punishment |
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| outlawed by 8th amendment. Rooted in English law, apparently. Capital punishment causes the most controversy. |
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| 1972. Capital punishment can be applied differently by different states, but must be fair and consistent within the state. I don't think we ever talked about this. |
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