Constitutional Law

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16 Terms

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1st Amendment

protects freedoms of speech, religion, press, assembly, and petition.

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2nd Amendment

protects the right to keep and bear arms.

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3rd Amendment

prohibits the quartering of soldiers in private homes without the owner's consent.

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4th Amendment

unreasonable searches and seizures

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5th Amendment 

due process, double jeopardy, self-incrimination, eminent domain

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6th Amendment

Right to speedy and public trial, no biased jury, and legal counsel

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7th Amendment

right to a jury in civil cases

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8th Amendment 

no cruel or unusual punishment; no excessive bail 

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9th Amendment

rights not listed are still retained by the people

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10th Amendment

powers not delegated to the federal government are reserved to the states or the people

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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).

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Habeus Corpus

order issued to determine whether a person held in custody is lawfully detained or imprisoned

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Absolutism (Interpretivism) 

interprets constitutional rights, especially in the 1st amendment 

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Judicial Restraint (Balancing of Interests)

courts should defer to legislatures, minimal interference

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Preferred Freedoms (Strict Scrutiny)

protection of certain rights, what fundamental right was violated?

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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.