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1st Amendment
protects freedoms of speech, religion, press, assembly, and petition.
2nd Amendment
protects the right to keep and bear arms.
3rd Amendment
prohibits the quartering of soldiers in private homes without the owner's consent.
4th Amendment
unreasonable searches and seizures
5th Amendment
due process, double jeopardy, self-incrimination, eminent domain
6th Amendment
Right to speedy and public trial, no biased jury, and legal counsel
7th Amendment
right to a jury in civil cases
8th Amendment
no cruel or unusual punishment; no excessive bail
9th Amendment
rights not listed are still retained by the people
10th Amendment
powers not delegated to the federal government are reserved to the states or the people
Writ of Mandamus
court-ordered issued by a higher court commanding a lower court or the executive branch to perform a specific duty (Marbury v Madison).
Habeus Corpus
order issued to determine whether a person held in custody is lawfully detained or imprisoned
Absolutism (Interpretivism)
interprets constitutional rights, especially in the 1st amendment
Judicial Restraint (Balancing of Interests)
courts should defer to legislatures, minimal interference
Preferred Freedoms (Strict Scrutiny)
protection of certain rights, what fundamental right was violated?
14th Amendment
granted citizenship to all persons born or naturalized in the United States, including formerly enslaved people, and guaranteed all citizens "equal protection of the laws" and "due process of law" from state governments. It contains three key clauses:
Citizenship Clause: Defines U.S. citizenship.
Due Process Clause: Prohibits states from depriving any person of life, liberty, or property, without due process of law.
Equal Protection Clause: Requires states to provide equal protection under the law to all people within their jurisdictions.