Unit II: Constitutional Clauses

First Amendment

Establishment clause, Freedom of Religion, Freedom of Speech, Freedom of Press, Right to assemble, Right to Petition

Religious Freedom Restoration Act of 1993

Compelling Interest to restrict religion, must restrict in least restrictive way possible.

Shield Laws

1st amendment, Reporters do not need to reveal sources (state-by-state regulated)

Prior Restraint

1st Amendment, Government cannot prevent speech from happening UNTIL it clashes with national security/war.

Second Amendment

Right to bear arms.

Third Amendment

No quartering of troops, exec in time of war.

Fourth Amendment

Search and Seizure

Exclusionary Rule

Illegally obtained evidence cannot be used in court. (Mapp v. Ohio)

Fifth Amendment

Grand Jury Indictment, Double Jeopardy, Self-Incrimination, Due Process, Eminent Domain

Grand Jury Indictment (GJI)

Guaranteed protection of grand jury in capital crimes.

Double Jeopardy (DJ)

Can’t be tried twice for the same crime.

Self-Incrimination (SI)

Miranda v. Arizona ; Can’t be forced to be witness against yourself.

Due Process (DP)

Legal process must be equal and fair for each.

Eminent Domain (Takings Clause)

Government can take private property for public use with just compensation.

Sixth Amendment

Speedy and Public Trial, Impartial Jury, Informed of Accusation, Confronted Witnesses, Subpoenas (mandatory court order to obtain witnesses), Assistance of Counsel

Seventh Amendment

Civil Case penalty is cash with majority of evidence confirmed, Criminal Case penalty is jail with CONFIRMED 100%.

Eighth Amendment

No excessive bail/fines, No cruel/unusual punishment.

Ninth Amendment

Rights can expand over time ; e.g. Right to Privacy (1st, 3rd, 4th, 9th)

10th Amendment

Reserved Powers for States

Fourteenth Amendment

States cannot be deprived of life, liberty, or property without due process ; EQUAL PROTECTION CLAUSE

Civil Rights Act of 1964

No discrim in pub accommodation by race/relig (Title II), No employment discrim (Title VI)

Voting Rights Act of 1965

Banned literacy tests, fed officials could register + ensure voters could vote, count ballots = Sec. 5 overturned by Shelby Counter v. Holder

13th Amendment

Abolished slavery.

15th Amendment

Gave suffrage to all male citizens.

Nineteenth Amendment

Gave suffrage to ALL citizens despite gender.

Twenty-fourth Amendment

Abolishes/forbids government from pushing poll taxes.

Twenty-Sixth Amendment

Right to vote given to 18 year olds.