2-10 amendment

2nd Amendment

Right to keep and bear arms in order to maintain a well regulated militia.

US. Lopez

SCOTUS declares Congress cannot use the Commerce Clause in non-economic activity. The Gun Free School Act unconstitutional because Commerce Clause does not match.

DC v. Heller

SCOTUS expands gun ownership to include self defense as a reasonable reason to own firearm.

McDonald v. Chicago

Upheld DC v Heller’s decision in gun ownership for self-defense reasons.

4th Amendment

Protection from unwarranted searches and seizures

Warrant

Legal paper signed by judge detailing the location and things to be searched and seized by law enforcement

Probable Cause

Reasonable grounds for making a search or seizure

Inadmissible

Evidence cannot be used in court

Exclusionary Rule

Law the prohibits any evidence found illegally to not be admissible in court of law

5th Amendment

Right to: Remain Silent, Double Jeopardy, Due Process

Miranda v. Arizona

SCOTUS declares all individuals arrested must be told rights

Miranda Rights

Right to remain silent, anything you say can be used against you; right to an attorney, if you cannot afford one, one will be appointed to you.

Gideon v. Wainwright

SCOTUS decision that gave ALL defendants regardless of crime or socioeconomic status right to have an attorney

6th Amendment

Right to speedy trial; right to counsel (attorney); unbiased jury of peers; witnesses for and against

7th Amendment

Right to trial by jury

8th Amendment

Protection from cruel and unusual punishment

Gregg v. Georgia

SCOTUS decision that reinstated the death penalty -- death penalty IS constitutional & not a violation of 8th Amendment

Federalism

A system in which power is divided between federal and state governments

Cooperative Federalism

A system in which federal and state governments share responsibilities

Concurrent Powers

Powers that are held by both the state and federal government

Marble Cake Federalism

Cooperative Federalism; powers are shared by the state and federal governments

9th Amendment

Citizens are entitled to rights that are not listed in the Constitution

10th Amendment

All powers not given to the national government are reserved to the states

Reserved Powers

Powers given to the state governments alone

Enumerated Powers

Powers given to the national government alone

Strict Interpretation of the Constitution

Belief that the Constitution should be interpreted as originally written

Loose Interpretation of the Constitution

Belief that the Constitution should be interpreted as a guideline and the understanding of the era in which written

Selective Incorporation

The Bill of Rights must also be followed by state governments; originally only applied to the federal government.