2 nd amendment “A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear Arms shall not be infringed” Ambiguity on official meaning for years Use of words “militia” and “people” The weapons of individuals, or of the public as a whole?

2 nd amendment SCOTUS finally ruled on issue in 2008 and 2010  2008—fed law gives individual right unconnected to service in militia  2010—state law incorporated, gives individual right  Both cases overturned handgun bans

2 nd amendment Gun rights restrictions the court allows  Concealed weapons restrictions  Possession by felons/mentally ill  Carrying in some places  Schools, government buildings, etc.  Conditions/qualifications on sales  Certain types of weapons can be banned (particularly dangerous/unusual)

3 rd amendment “No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.” Historical relic from British occupation Rarely judged in US case law history…

3 rd amendment BUT  Interpreted as implying that a person’s home should be safe from agents of the government  Becomes important later…

4 th amendment “The right of the people to be secure in persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

4 th amendment A judge must ok a warrant  Must have probable cause to search  Someone must swear to information that leads to probable cause decision  Warrant must be limited in scope

4 th amendment Mapp v. Ohio (1961)  Exclusionary Rule  Evidence obtained in an illegal search cannot be used in court  4 th am protections are incorporated

4 th amendment Exceptions to warrant requirement:  Consent  Plain view  “Open fields”  Pastures, open water, woods (even if private property)  Exigent circumstances  Danger, evidence destruction, escape  Motor vehicles

5 th amendment “No person shall be held to answer for a…crime, unless…indictment of a Grand Jury… nor shall any person…for the same offense to be twice put in jeopardy of life or limb… nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”

5 th amendment Grand juries  Review evidence before a trial  Decide if enough evidence exists to bother with a trial  Intermediate step to cut time for innocent people

Double jeopardy Can’t be tried again for exact same crime if found not guilty Prosecutors can’t appeal acquittals

Self-incrimination Suspects don’t have to answer questions that would prove guilt Refusal to answer a question can’t be used as evidence Can’t “plead the fifth” to avoid questions proving guilt of others

Self-incrimination Miranda v. Arizona (1967)  Police must inform suspects of their right to remain silent

Due process Governments must follow certain procedures properly before taking life, liberty, or property 5 th am requires due process of national gov 14 th am includes a due process clause for states

Eminent domain Government may take personal property for public use, but the owner must be compensated What is public use?

Eminent domain Regulatory taking  Government taking value of property without taking the actual property  Similar rules as eminent domain

6 th amendment In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury… …informed of the…accusation; …confronted with witnesses against him; …have compulsory process for obtaining witnesses in his favor, and …have Assistance of Counsel for defence

6 th amendment Right to an attorney  Right has increased over the years  Gideon v. Wainwright (1964)  Suspects accused of felonies are allowed attorney  Right to attorney incorporated  Later cases allow attorney requirements for smaller crimes

7 th amendment Suits at common law, where the value in controversy shall exceed $20, the right of trial by jury shall be preserved… Like 3 rd am, basically a historical relic Rarely tested in court

8 th amendment “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” Some punishments forbidden altogether Punishment must fit severity of crime Some punishments not allowed for certain criminals

8 th amendment Punishments absolutely forbidden  Drawing & quartering  Dissection  Burning alive  Disemboweling  Execution of mentally handicapped  Execution of criminals who were minors when crime was committed

Death penalty Furman v. Georgia (1972)  Death penalty applied in random and discriminatory ways  Death penalty temporarily suspended  States must create death penalty laws that are equally and fairly applied

Death penalty Gregg v. Georgia (1976)  State death penalty laws rewritten  Death penalty is legal if there are strict controls on its application