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Bill of Rights (5th Amendment (Miranda vs. Arizona (uled that detained…
Bill of Rights
5th Amendment
No Self Incrimination. Means that if you admit to a crime or expose oneself or another, it still must be proven.
If charged with a crime, you must be informed by a grand jury. Means that you must be told of the crime you committed
Can not be tried for the same crime twice. Means that you can not be tried for the same crime such as if you were tried for killing someone and found not guilty and later on you were accused of this same crime, you cannot be tried for it.
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Must have due process. Means that everyone, no matter who you are must go through the same process as everyone else.
Eminent Domain: The government cannot take your land unless they pay you. Means that unless the government gives you money, they cannot take your land away from you.
Miranda vs. Arizona
uled that detained criminal suspects, prior to police questioning, must be informed of their constitutional right to an attorney and against self-incrimination.
1st Amendment
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Court Cases:
Schenk vs U.S.
Argued the Espionage Act and put limitations on speech, for example, shouting "Fire!" in a crowd of people.
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9th Amendment
The enumeration in the constitution of certain rights. Shall not be construed to deny or disparage others retained by the people.
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Issues such as gay marriage, drinking age, driving age, and abortion limitations
Roe vs. Wade
In this court case, the idea of abortion was argued and was issued criminal and restricted access to abortions. This is why there are abortion limitations.
10th Amendment
The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively , or to the people.
If the federal and state governments do not prohibit something, then the people are said to be allowed to do it.
Federalism is the mixed or compound mode of government, combining a general government with regional governments in a single political system
2nd Amendment
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Court Cases
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U.S. vs. Miller
Another case in which firearms were debated about and whether people who were not in the militia could have them. This was said to be the ongoing American Gun Politics Debate
4th Amendment
In order to search your home, you need probable cause and a warrant.
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Court Cases
Weeks vs. U.S.
unanimously held that the warrantless seizure of items from a private residence constitutes a violation of the Fourth Amendment.
Arizona vs. Gant
requires law enforcement officers to demonstrate an actual and continuing threat to their safety posed by an arrestee, or a need to preserve evidence related to the crime
6th Amendment
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Court Cases
Gideon vs. Wainright
unanimously ruled that states are required under the Sixth Amendment to the U.S. Constitution to provide an attorney to defendants in criminal cases who are unable to afford their own attorneys.
Carey vs. Musladin
Argued that the buttons worn by the family of a man killed in the court case would deny the killer a fair trial by an impartial jury as it is required in the 6th amendment
7th Amendment
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In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.
8th Amendment
2 parts
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no cruel and unusual punishment which means that there is not to be any unnecessary punishment or cruelty out of hatred.
Gregg vs. Georgia
In this case, a man accused of robbing a store and double murder called for the death penalty but he argued cruel and unusual punishment and said it went against the eight amendment
3rd Amendment
The government cannot force you to shelter soldiers during times of war and danger from other countries.