1st-8th AMENDMENTS

quizlet is annoying

Establishment clause

The government CANNOT "establish"a state or federal church - this sets up a policy of the separation of church and state.

Cases that DO NOT VIOLATE the Establishment clause

The KKK wants to put a cross in the public square next to city hall. A conservative group sets up a Christmas display in the public park next to the county courthouse.

Cases that DO VIOLATE the Establishment clause

The lights of city hall are lit to display a cross. The county courthouse has a Nativity Scene and a Hanukkah Menorah on display during the holiday season. The public school principal reads a prayer over the intercom to start the school day.

Free exercise clause

The freedom of every citizen to reach, hold, practice, and change their own beliefs, and prohibit government interference with religious belief and, within limits, religious practice.

Cases that DO VIOLATE the Free Exercise clause

The right of a Mormon man to have six wives. The right of a Christian Scientist to not seek medical care for a serious illness for his young child.

Cases that DO NOT VIOLATE the Free Exercise clause

The right of Native Americans to use peyote during their religious rituals. The right of a Jehovah's Witness student to refuse to stand during the Pledge of Allegiance. The right of a religion to practice animal sacrifice. The right of an Amish parent to not send his children to school because he doesn't want them to be corrupted by the outside world's values. The right of a Welsh man to avoid being drafted for war because of his "personal moral convictions" even though they are not a part of an established religion. The right of a Christian Scientist to not seek medical care for a serious illness for himself.

Limits on Freedom of Speech

Clear and present danger, fighting words, libel slander, obscenity, conflict with other legitimate Social or Government interests, and time, place, manner.

Speech that IS PROTECTED by the 1st amendment

A Nazi parade in a Jewish city. Wearing an armband to school to protest a war. Burning an American flag.

Speech that IS NOT PROTECTED by the 1st amendment

Picketing on a person's private property.

Freedom of the Press

Almost identical to the freedom of speech limits.

Freedom of Assembly

Time - Place - Manner

Freedom to Petition the Government

To redress grievances

2nd amendment

Right to bear arms

What shall not be infringed in the second amendment?

A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.

What question is debated continuenly

Does this give the right to bear arms to every single person, or to "a well regulated militia"?

3rd amendment

The government cannot force citizens to "quarter"/ house soldiers.

4th amendment

Protects against unreasonable searches and seizures of you body, house, paperwork, etc.

A warrant MUST HAVE

The place, person(s) to be searched, and what they are searching for.

What DOES NOT require a search warrant?

Searching the general area around you, "in plain view", garbage left on curb, during lawful arrest-can search area around suspect, and vehicles (cars, boats, planes, etc.) -if they have a probable cause.

What DOES require a search warrant?

Searching your purse/backpack, the clothes you are wearing (requires more of a probable cause), and your body (blood test, DNA test, urine test) -REQUIRES THE MOST PROBABLE CAUSE-.

5th amendment

Grand jury decides if there is enough evidence to have a trial. No double Jeopardy, can't be tried for the same crime twice-if jury agrees on a verdict in 1st trial-.

No self-incrimination

You can't be forced to prove yourself guilty/answer questions you don't want to ("plead the 5th"). Does not protect you from fingerprinting, standing in a lineup, blood samples, or handwriting samples.

Guarantee of Due Process

The government cannot take away your life, freedom, or property without going through the legal process.

Eminent Domain

The government must pay a fair price for property it takes for public use.

6th Amendment

Speedy and public trial (no more than 120 days between arrest and trial), jury, confront information and witness, and adequate defense.

7th Amendment

Jury trial in civil cases involving MORE THAN $20.

8th amendment

No excessive bail or cruel and unusual punishment