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30 Terms
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Brady Handgun Violence Prevention Act (1993)
An act requiring a five-day waiting period before a person can buy a handgun. Named after James Brady, who was injured during John Hinckley's assassination attempt on Ronald Reagan, the "Brad Act" required law enforcement agencies to run background checks on people applying for handguns.
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District of Columbia v. Heller (2008)
Court held that the Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that firearm for traditionally lawful purposes, such as self- defense within the home.
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Gun Control Act of 1968
A U.S. federal law that regulates the firearms industry and firearms owners. It primarily focuses on regulating interstate commerce in firearms by generally prohibiting interstate firearms transfers except among licensed manufacturers, dealers and importers. It ended mail-order sales of all firearms and ammunition and banned the sale of guns to felons, fugitives, illegal drug users, people with mental illness, and those dishonorably discharged from the military.
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National Firearms Act of 1934
Imposed taxes on automatic weapons and sawed-off shotguns
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Second Amendment (1791)
Right to keep and bear arms
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Eighth Amendment (1791)
Prevents cruel and unusual punishments and excessive bail
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Fourth Amendment (1791)
Right to be free from unreasonable searches and seizures; requires probable cause
exclusionary rule: evidence obtained in an illegal search and seizure can't be used in court
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metadata
All the cellphone communication information minus the actual conversation; who's calling whom, when, and for how long
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Writs of Assistance
search warrants used to enter homes or businesses to search for smuggled goods
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Just Compensation Clause
A clause of the U.S. Constitution that requires the government to compensate the property owner, and possibly others, when the government takes property under its power of eminent domain
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Due Process
fair treatment through the normal judicial system, especially as a citizen's entitlement.
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McDonald v. Chicago (2010)
The Second Amendment right to keep and bear arms for self-defense is applicable to the states
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Fourteenth Amendment (1868)
granted citizenship to any person born or naturalized in the United States; this amendment protects citizens from abuses by state governments, and ensures due process and equal protection of the law. It overrode the Dred Scott decision.
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selective incorporation
The process by which provisions of the Bill of Rights are brought within the scope of the Fourteenth Amendment and so applied to state and local governments.
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New Jersey v. TLO (1985)
Supreme court case in which it was decided that a student may be searched if there is "reasonable ground" for doing so.
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public safety exception
the police can question an un-Mirandized suspect if there is an urgent concern for public safety
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USA Freedom Act (2015)
replaced patriot act when it expired on June 1, 2015. banned bulk collection of data, new reporting requirements, extended the expiration of roving wiretaps and lone wolf surveillance authority to Dec. 2019
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exclusionary rule
A rule that provides that otherwise admissible evidence cannot be used in a criminal trial if it was the result of illegal police conduct
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Fifth Amendment (1791)
Right to grand jury indictment; no double jeopardy (being prosecuted for the same crime twice); protection from self-incrimination; due process of law; eminent domain (private property can't be taken without just compensation)
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Gideon v. Wainwright (1963)
Extends to the defendant the right of counsel in all state and federal criminal trials regardless of their ability to pay.
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Mapp v. Ohio (1961)
Evidence illegally gathered by the police may not be used in a criminal trial
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Miranda v. Arizona (1966)
5th Amendment self-incrimination clause requires government agents to warn suspects of their right to remain silent and/or contact an attorney before questioning them when they are in custody. Statements made without Miranda Warning are inadmissible in court (like the exclusionary rule for evidence)
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Procedural Due Process
Constitutional requirement that governments proceed by proper methods; limits how government may exercise power.
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search and seizure
the process by which police or other authorities who suspect that a crime has been committed do a search of a person's property and collect any relevant evidence to the crime; protection from illegal search and seizure is in the Fourth Amendment
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Sixth Amendment (1791)
Right to speedy and public trial by an impartial jury in the state where the crime was committed; right to be informed of charges; right to call defense witnesses; right to attorney
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Griswold v. Connecticut (1965)
Supreme Court decision in which the Court ruled that the Constitution implicitly guarantees citizens' right to privacy.
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Hyde Amendment (1976)
was an attempt to amend Roe v. Wade, but failed. (no federal funding except when women's life is endangered/no medicaid funds for low-income women)
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right to privacy
the right to be left alone, which has been interpreted by the Supreme Court to entail individual access to birth control and abortions
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Roe v. Wade (1973)
The court legalized abortion by ruling that state laws could not restrict it during the first three months of pregnancy. Based on 4th Amendment rights of a person to be secure in their persons.
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substantive due process
Constitutional requirement that governments act reasonably and that the substance of the laws themselves be fair and reasonable; limits what a government may do.