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Flashcards in Constituional Law Deck (24)
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Consituion adopted when where

Sept 17 1787 in philly pen

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7 articles

1- legislature ( rep / voice of people)
2. President (executive)
3. Court
4. Full faith in credit - no state can use law to discriminate against citizens in diff state
5. Constitution!
6. How states bound to follow constitution
7. Ratification / constitution approved- not used

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How amany amendments out of 10k were approved ?

27

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First 10 commandments known as

Bill of rights

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1. Freedom of speech

It is limited, can't cause panic, false Cali,s, swearing

Religion- can't break laws behind. Religion

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2. Right to bear arms

Citizens have right but is limited
They can check license, background check, size, age, limit

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3. In atomie of peace no solider will be quarter in ones house even inwar

K

7

4. 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

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4. 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

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4. 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

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5. 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

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6. 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)

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7. Right to a _______ trial during civil case

Right to a jury trial in civil case

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8. 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

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9. Bill of rights isn't comprehensive -

They aren't the only rights people have
U have more right

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10. States can come up with laws based on things not in constitution

Public school standard in each state can be diff

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End of bill of rights - now onto other amendments

K

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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

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16- enables federal gov to collect ______ taxes 1913)

Income tax

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18 prohibition of ______ consumption / selling / holding

ALCOHOL

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21- takes away the 18th amendment of alcohol prohibit (1933)

Alcohol is now allowed

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24th amendment Prohibits government from collecting ______ taxes (1964)

This is so everyone can vote even ppl without money

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19- women have the right to _____

VOTE

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ERA

Equal Rights Movement
Debate on how constitution is interpreted
Monolithic - read literally with no change
VS.
Guide post- can change as society changes