Constitution

speech involving political ideas

free speech fully protected

comercial speech

free speech limited protection

obscenity, defamation, harassment etc.

free speech not protected

freedom from establishment

prohibits the government from establishing or favoring a religiom. places of government cannot incorporate practices into their meetings, routines etc.

free exercise

ability to practice religion without government interference

due process

the basic rights a person has before a court ruled that it must give up life, liberty, or property referred to in both the 5th amendment and the 14th amendment. 5th applies to the federal government, 14th applies to state governments.

procedural due process

the mechanical things such as the right to notice and to a hearing. For example to be notified if you owe a fine or if you are being prosecuted.

substantive due process

deals with rights related to life liberty or property. includes rights related to personhood such as the right to not be discriminated against or the right to privacy.

substantive due process

In these cases the court must determine whether the right being argued in the case is a fundamental right. if yes then strict scrutiny will be applied

procedural due process

applies to all types of government related cases because the question arises whether it is appropriate fro a court to take away the property of a person it has no power over.

strict scrutiny

government must show that the challenged classification serves a compelling state interest and that the classification is necessary to serve the interest

middle tier scrutiny

means the government must show that the challenged classification serves an important state interest and that the classification is at least substantially related to serving that interest

rational basis

means the government need only show that the challenged classification is rationally related to serving a legitimate state interest.

first amendment

creates freedom of establishment, free exercise, freedom of speech, freedom of press, right to peaceful assembly, and right to petition the government.This is focused primarily on the legislative branch telling them which laws can and cannot be made.

second amendment

establishes the right to bear arms and that a well regulated militia is necessary for security. This is addressed to the executive branch explaining how to enforce the law.

third amendment

establishes the right against quartering soldiers.Also addressed to the executive branch explaining how to enforce the law

fourth amendment

establishes the right to personal security, against unreasonable search and seizures without warrant or without probable cause.This is addressed to the executive branch and judiciary explaining how enforcers of the law should interact with citizens and how judges are going to review applicants for warrants

fifth amendment

• establishes the right to a jury trial, and specifies that the decision to indict a person must be voted upon except in cases arising in the land or naval force, or militia. It further prohibits double jeopardy, and gives you the right against self-incrimination. Also the right to not be deprived of life, liberty, or property, without due process of laws and eminent domain (can't take personal property to use for public land).

  • This is addressed to the judicial branch and explains how laws should be applied.

sixth amendment

• establishes the right to a speedy and public trial by an impartial jury in the district in which the crime was committed, which also includes the process for obtaining a subpoena and the assistance of counsel for defense.

  • This is addressed to the judicial branch and explains how the law should be applied.

seventh amendment

• establishes that in a civil case where the amount of controversy exceeds 20 dollars, you have the right to a jury trial.

  • judicial

eighth amendment

• establishes that excessive bail shall not be required nor excessive punishment because the accused is innocent until proven guilty. Judges set bail to make sure the person will return for court and that jail is not a punishment because the accused is innocent.

  • Addressed to the judicial branch and explains how the law should be applied.

13th amendment

• protects every person from any servitude across race, citizenship, or age. It is applicable to private citizens, the state, and the federal government.

14th amendment

• establishes that every citizen has equal protection under the law and due process. Under this due process clause, incorporation doctrine is established which extends most of the protections in the bill of rights to be upheld by the states, whereas they used to be enforceable only to the federal government.

incorporation doctrine

extends most of the protections in the bill of rights to be upheld by the states, whereas they used to be enforceable only to the federal government.

full faith and credit

under article IV states that the state must recognize the legislative acts, public records, and judicial decisions of other states.

privileges and immunities

under article IV prevents a state from discriminating against citizens of other states such as increasing a fine.

federal preemption

federal law preempts state laws when these laws conflict. It gives permission for a federal court to stop a state when its law or behavior interferes with or is in conflict with a federal law

supremacy clause

• states that the constitution is the supreme law of the land

amend the constitution

article V - 2/3rds of both chambers of congress deem it necessary may propose amendments, or the legislatures of 2/3rds of the states the amendment is made when ratified by 3/4ths of the states or by conventions in 3/4ths

article 1

legislative

article II

Executive

article III

Judicial

article IV

relations between the states, full faith and credit, priviledges and immunities

article V

how the constitution is amended

article VI

supremacy clause and doctrine of federal preemption