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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