The Bill of Rights + Fourteenth Amendment (INTERIM FOR MOCK AP)

The First Amendment

Protects freedom of speech and religious liberty

The Establishment Clause

The Federal Government (as well as the state government) is not allowed to favor any religion

The Government cannot create a national religion

Enforces a separation between Church and State

The First Amendment

Protects freedom of speech and religious liberty

The Establishment Clause

The Federal Government (as well as the state government) is not allowed to favor any religion

The Government cannot create a national religion

Enforces a separation between Church and State

The Free Exercise Clause

Prohibits the government from preventing people from exercising their religion

Religious actions are subject to law, but the Government's actions are subject to Constitutional Scrutiny

Free Speech Clause

The Government cannot infringe on people's right to speak, write, read, or protest, as long as it doesn't risk significant harm

Freedom of Speech does not apply to speech that is Obscene, Defamatory, or speech that can incite a crime.

Freedom of the Press

cannot prevent newspapers from publishing stuff unless said stuff presents a very clear and very direct danger to the government

Symbolic Speech

Symbolic speech (like wearing articles of clothing) is allowed under the First Amendment

The Second Amendment

Right to own a firearm

People do not need "proper cause" to justify owning a firearm

Guns can be restricted in "sensitive places"

States can pass firearm regulations but those regulation are under intermediate scrutiny

The Third Amendment

The government may not house soldiers in private homes without consent of the owner

-> cited as a traditional and strong resistance of Americans to any military intrusion into civilian affairs

The Fourth Amendment

Protects against unreasonable search and seizure

-> people have a right to privacy

-> the government needs warrants to conduct searches or seizure of private property,

The Fifth Amendment

A constitutional amendment designed to protect the rights of persons accused of crimes, including protection against double jeopardy, self-incrimination, and punishment without due process of law.

-> functionally similar to the 14th except it applies to the federal government

The Sixth Amendment

-> Right to a speedy and public trial

-> Right to counsel

The Seventh Amendment

right to a trial by jury in civil litigation

-> separate from the sixth amendment which relates to criminal prosecution

The Eighth Amendment

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

The Ninth Amendment

People's rights are not limited to those listed in the Constitution

The Tenth Amendment

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

The Equal Protection Clause of the Fourteenth Amendment

it forbids any state to deny any person "life, liberty or property, without due process of law" or to "deny to any person within its jurisdiction the equal protection of its laws."

Due Process Clause of the Fourteenth Amendment

14th amendment clause stating that no state may deprive a person of life, liberty, or property without due process of law