US Constitution Civil Rights: Midterm

Main text of the Constitution

Drafted in 1787 and ratified in 1789, consisting of Articles I-VII.

Era of Amendments

Four types or eras: Bill of Rights I-X, Fine tuning XI and XII, Civil War: XII-XV, and Post Civil War: XVI-XXVII.

1st Amendment

Protects speech, petition, religion, press, and assembly, subject to conflict between civil liberties.

Main theme of civil liberties

Liberties are NOT ABSOLUTE.

2nd Amendment

Right to bear arms interpreted as specifically for well-regulated militia or individual gun rights. State and local govt argue they can restrict civil liberties using tenth amendment POLICE POWER

Tenth Amendment

powers not delegated to the federal government, nor prohibited to the states, are reserved for the states or the people. States used this amendment to carry out nefarious acts and laws 

3rd Amendment

Prevents quartering of soldiers in homes forcibly.

4th Amendment

Protects against unreasonable search and seizure. Search warrant based on probable cause 

1. Definition of probable cause morphs depending on judge or govt jurisdiction 

1. Difficulty translating this right for technology 

Search warrant

Based on probable cause, which varies by judge or government jurisdiction.

5th Amendment

Includes five parts: indictment, double jeopardy, privilege against self-incrimination, due process, and takings.

Importance of due process clause

Guarantees process but not a particular outcome.

Takings clause

Subject to interpretation regarding what constitutes a taking and just compensation.

6th Amendment

Ensures rights in criminal trials including speedy and public trials and impartial jury. In state & district in which crime is committed -> which practice is prohibited? NO CHERRY PICKING

1. Informed of charges against 

2. Opportunity to confront witnesses against you have means to force witnesses to testify your case 

3. Have means to force witnesses to testify for your case

4. Have assistance of counsel 

Subpoena

Means to force witnesses to testify in one's case.

7th Amendment

Reflects common law tradition in the U.S. regarding common law trials.

8th Amendment

Includes three parts: bails, fines, and cruel AND unusual punishment.

9th Amendment

Indicates that the enumeration of certain rights does not deny other rights retained by the people.

10th Amendment

Powers not given to federal government or prohibited to states are reserved to the states and the people.

14th Amendment

Includes Privileges and Immunities Clause, Due Process, and Apportionment clause.

Northern payback clause

Prohibits elected officials who participated in insurrection from holding office.

Prohibition on payment of debts

Prohibits payment of debts incurred during insurrection.

1. Many key provisions in Constitution are _____ and ______ “probable cause” “search and seizure”

Vague and Ambiguous