Ratification
The approval of a bill by the president
Constitution
A document with all the laws
Bill of Rights
incomplete list of the rights
2/3 of BOTH Houses - 3/4 of the States
To make a bill become a bill it has to be agreed by 2/3 of BOTH houeses and 3/4 of the State
Amendment Process
1. get approval from 2/3 of the both house
2. Get approval from by 3/4 of the state
3. then it becomes a Amendments
1st Amendement
Freedom of Speech
R-eligion
A-ssembly
S-peech
P-petition
P-press
The Establishment Clause
Congress shall make no law respecting of religion
Prevents the Government to promote or favor a relation or make a nation religion
Restrictions on the 1st Amendment
T-ime
P-lace
M-anner
Where was the 1st amendment and the Establishment clause supposed to be written and why wasn't it?
In article 1 section 9 and they forgot it
What did Thomas Jefferson and James Madison Suggest
A wall of separation between the church and the state
The Free Exercise Clause
Believe and worship however and whatever you wish
What are the 4 exceptions of Free Exercise of Religion
1. Vaccinations
2. Poisonous Snakes
3. Military Draft
4. Soldiers Headwear
Slander
Fake or bad speech about another person
Libel
False or Malicious written statements about another person
Sedition Spech
advocation or urging the violent other throw of the goverment
2nd Amendment
The right to keep and bear arms for self defense and hunting
District of Columbia v. Heller (2008)
The D.C law requiring firearms be kept unloaded and disassembled or bound by a trigger lock.
Right Of Assembly and Time, Place, and Manner Restrictions
Assemblies MAY NOT infringe upon the right to other citizens
S-chools
R-oads
C-emetaries
Texas v. Johnson (1989) Case
Ruled that burning the country's flag is legal expression of symbolic speech
Symbolic Speech
Non-verbal expression of Ideas
4th Amendement
The protection against unreasonable search and seizure
Exculanary Rule
No Illegal searched
Legally obtained evidence may NOT be used against you in court
3rd Amendment
You do not have to let a solder in your house
Never Used and Probably Never Will Be
Where are the rights of the people to be in secure
Person
Houses
Papers
Reasonable Suspision
NO warrants without probable cause
Warrants must be SPECIFIC
Court Order
Authorizes a search
Authorities almost always need one to search residence
How does the 4th Amendment relate to auto Searches?
Autos are different
Cars may be searched without a warrant
Police may also search a person's belongings in a car with consent
Carolina v. Acevedo (1991)
Police may search a car and belongings without a warrant id they believe the car or someone's possessions inside the car hold evidence of a crime
Can the police legitimately search my car without a warrant?
depends on the reason
Dui
you are getting arrested
They see something or smell something in the car
Does police have more latitude to search a car or a house more
A car
The Patriot Act
wars against Drugs and Terrorism
Gives the goverment power to monitor and search phones
Court Discovery
They have yo show you the evidence to you before court or trail and you are allowed to confront your accuser and know who they are
Right to Privacy
NOT AN AMENDMENT, MIX OF SOME
The right to be left alone
Supreme court had determined this is a basic human right
An Implied Right
you have the right to not get punched in the face
Roe v. Wade (1973)
Case to make abortion legal
protects women's right to privacy
Eminent Domain
Government May take LAND for public use
Owners are entitled to Reasonable Compensation ($$$)
Indictment
a formal charge against someone
Grand Jury
Decides if a person can be accused of a serious crime
for indictments
5th Amendment
1. right to Grand Jury
2. No Double Jeopardy
3. Self-incrimination clause
4. Due Process
5.Eminent Domain
Writ of Habeas Corpus
Noted in article 1 section 9 of the constitution
Not in the Amendment
Prevents unjust imprisonment
President may suspend this right in a time of REBELLION or INVASION
No Double Jeopardy
Not allowed to charge someone with the same crime after getting found not gulty
Self incrimination
Plead the Fifth
No person or witness should be compelled to be a witness against himself
6th Amendment
Right to a Fair Trail
1. Speedy and Public Trail
2. Impartial Jury
3. Be informed of charges
4. Confront and ask questions to a witness
5. Have an Attorney
The Miranda Rule
Right to remain silent
Anything you say can and will be used against you in a court of law
Right to an Attorney if you can not afford one, one will be appointed to you
Gideon v. Wainwright (1963)
Established the "Gideon Rule"
All people have the right to legal counsel
Clarence Earl Gideon
10th Amendment
the Federal Government only has those powers delegated in the Constitution. If it isn't listed, it belongs to the states or to the people.
9th Amendment
all the rights not listed in the Constitution belong to the people, not the government.
Beccaria
Italian philosopher and enlightenment
8th Amendment
Excessive bail, shall not be required nor excessive fines imposed, nor cruel and unusual punishment
The penalty for a crime should be appropriate and fair
7th Amendment
Everyone has the right to a jury Trail in CIVIL actions
not just criminal cases
Freedom of Association
the right of individuals to interact and organize among themselves to collectively express, promote, pursue and defend common interests
Supremacy Clause
the Constitution and federal laws (of the types listed in the first part of the Clause) take priority over any conflicting rules of state law
Castle Doctrine
recognizes that a person's home is his castle and extends to include an occupied vehicle and a person's place of busines
Militia
force that is raised from the civil population to supplement a regular army in an emergency.
Redress of Grievances
the right to make a complaint to, or seek the assistance of, one's government, without fear of punishment or reprisals
Articles of Confederation
a written agreement ratified in 1781 by the thirteen original states