amendments

1st amendment

1st amendment

• freedom of expression

  • RAPPS: religion, assembly, press, petition, speech

    *cannot be violent and rights are highly limited —> not absolute protection

  • clauses:

    • free exercise clause

    • establishment clause

  • limits:

    • religion: cannot harm others

    • assembly: must have a permit, cannot be violent and cause harm

    • press: cannot lie, no personal information, cannot threaten others

    • petition: cannot threaten/harm, permission/approval in schools

    • speech: cannot promote violence (big controversy with hate speech)

2nd amendment

• right to bear arms

  • originally applied for militia purposes, but the supreme court interpreted it as an individual right

    • district of columbia v. heller

  • the framers did not anticipate the controversy today

3rd amendment

• does not allow the “quartering” (housing) of soldiers

  • there is no supreme court case on this

    *quite irrelevant today since it does not occur

4th amendment

• people should be secure against unreasonable searches and seizures

  *occurs before you’re arrested

  • not needed if it concerns national security, schools, and if you give permission (which you should never)

    • probable cause

    • warrants

    • exclusionary rule

  • limits:

    • no warrant is needed if it is in plain sight, there is immediate danger, if given permission, or in schools

5th amendment

• right to due process

  *when being arrested

  • given to defend from the federal government

    *only right given in schools

  • procedures:

    • self-incrimination

    • “plead the 5th”

    • eminent domain

    • double jeopardy

  • all government laws and procedures must be fair and reasonable when someone is accused of a crime

    • miranda rights —> application of the 5th amendment

  • limits

    • not given if accused of terrorism (the patriot act)

6th amendment

• right to a fair and speedy criminal trial

  *occurs after you’re arrested

  • right to an impartial jury

  • right to a lawyer/attorney to defend you

    *you must be told what crime you are being accused of, to confront and be confronted by witnesses

7th amendment

• right to a trial by jury in all civil cases

  *civil trials: trials with other citizens

  • usually for money (not the government or criminal cases)

8th amendment

• no one should suffer from excessive bail or punishment

  • should fit the crime

    • no cruel or unjust punishment

  • capital punishment: the death penalty

    • not a violation of the 8th amendment

      (still legal in 27 states and the federal government)

  • limits: minors and those who are mentally disabled cannot get the death penalty

9th amendment

• powers not specifically listed are given to the people

  • people’s rights

    *legacy of the federalists

10th amendment

• powers not given to the federal government are given to the states

  • states’ sights

    *whatever is not an enumerated power is given