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Bill of Rights
(10 Amendments) List of rights/freedoms
1st Amendment
Legislative can’t restrict rights - Religion, speech, press, assembly, protest
2 - 3 Amendment
Executive branch - Firearms, military, quartering homes
4 - 8 Amendment
Judiciary - Accused, tried, convicted people
9th amendment
Citizens have more rights
10th Amendment
Reserved powers
Civil rights
Equality
Civil liberties
Liberties gov’t shouldn’t infringe - Bill of rights
Procedural Due Process Clause
14th Amendment restricts states from denying life, liberty, property
Selective Incorporation
Most protections in Bill of Rights apply to states too
Establishment clause
Citizens can’t be forced into religion
Free exercise clause
Right to exercise relgion
Engel v Vitale
Establishment clause - NY incorporated voluntary prayers into Engel’s child’s school
Lemon Test
Test for permissible gov’t involvement in religious institutions
Wisconsin v Yoder
Free Exercise clause - Amish family (Yoder) disagreed with Wisconsin’s law to make mandatory state education until 16 years
Coercion test
No prayer in schools so widely attended it seems mandatory
Clear and present danger test
Can’t threaten national security
Direct incitement test
Is it causing imminent violence?
Freedom of Expression
Affirm 1st amendment - Speak, publish, protest
Prior restraint
Gov’t censors material before publishment
Symbolic speech
Protected expression in form of symbols
Libel
False written statement injuring reputation
Slander
Untrue spoken statement injuring reputation
Obscenity and pornography
Depict sexual activity
Warrant
Judge issued document allowing search
Probable cause
Reasonable belief a crime has occured
Exclusionary rule
Evidence taken w/ out a warrant isn’t allowed in court
Grand jury
Based on evidence, decide if enough to take defendant to trial
Double jeopardy
Can’t be charged w/ the same crime
Self-incrimination
Can’t be forced to testimony
Miranda rights
Right to silence and attorney during questioning
Bail
Amount of money paid for freedom awaiting trial
Substantive due process
Is the law fair?