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1st Amendment
freedom of religion, exercise of religion, freedom of speech, press, assembly, petition (RAPPS)
2nd Amendment
Right to bear arms
3rd Amendment
No quartering of troops
4th Amendment
no unreasonable search and seizure
5th Amendment
grand jury, no double jeopardy, self-incrimination, due process, no private property taken w/o compensation
6th Amendment
speedy and public trial, impartial jury, informed of charges against self, face accuser, obtain witnesses in favor, right to counsel
7th Amendment
trial by jury in a civil suit
8th Amendment
no excessive bail, excessive fines, or cruel and unusual punishment
9th Amendment
People's rights
10th Amendment
States' rights
Rights of the Accused
4,5,6,8
Privacy
1,3,4,9
free exercise clause (exercise of religion)
people have the right to practice religion as they please
establishment clause (freedom of religion)
government can't make any law establishing or favoring a religion
lemon test (freedom of religion)
legal standard to determine if a law violates the establishment clause
libel (speech and press)
written defamation (communication of a false statement that harms the reputation of another) that is NOT protected. false speech meant to harm
slander (speech and press)
spoken defamation, not protected
symbolic speech (freedom of speech)
nonverbal, non written communication. protected unless causes a direct threat to individual or public interest
prior restraint (freedom of press)
no censorship of press
Protests (assembly)
right to a peaceable assembly of people not in violation of other laws
probable cause (4th)
have to have a valid reason to search without a warrant
exclusionary rule (4th)
government can't use evidence gathered in violation of the CON. (any evidence gained illegally is permissible in court)
arrest warrant (4th)
specific name and charge to seize a person
search warrant (4th)
no warrant is issued w/o probable cause. signed by a judge, and says place to be searched and things to be seized
grand jury trial (5th)
determine if there is enough evidence to go to trial
indictment (5th- grand jury)
crime has to be instituted by a grand jury, formal charge of crime
double jeopardy (5th)
can't be tried twice for the same crime
self-incrimination (5th)
right to remain silent during arrest and trial. do not have to testify against self if you may incriminate yourself.
due process clause (5th)
government will not take life, liberty, property w/o this. requires the government to follow specific legal proceedings
eminent domain (5th-property)
power of gov to take private property for public use only with just compensation
change of venue (6th)
court has to do this when publicity invades unbiased jury, not ensuring a fair trial. in order to get a jury free from bias
habeas corpus (6th)
right to be told by judge of charges against you
subpoena (6th)
call witness on your behalf, legal requirement for them to show up to court
jury trial (7th)
citizens have a right to this in civil cases where the claim exceeds $20
death penalty (8th)
supreme has ruled that this does not violate the 8th amendment
unenumerated rights (9th)
rights not listed in the amendment are still available
state sovereignty (10th)
powers not given to the fed gov reserved for states
reserved powers (10th)
powers of the states ALONE. outlines federalism