2. Unalienable Rights Bill of Rights – 1 st ten amendments of the constitution. Civil Liberties – protection against government. (ex. Freedom of Religion, Speech, Press, & Fair Trial.) Civil Rights – is reserved for those positive acts of government that seek to make constitutional guarantees a reality for all people.

3. Aliens – are people who are not citizens of the country in which they live. Due Process Clause – derives from the 14 th amendment. No state can deny to any person any right that is “basic or essential to the American concept of ordered liberty.”

4. 1 st Amendment The 1 st Amendment says: Government won’t establish any religion People are free to exercise a religion of their choice People are guaranteed free speech and press People are free to peaceably assemble People may petition the government for a redress of grievances

5. Separation of Church and State Though there is a constitutional separation between religion and the government, that limit isn’t strictly defined. The government does support religion in numerous ways

6. Religion and Education Released Time- schools can release students during school hours to attend religious classes Prayers & the Bible- schools cannot sponsor religious exercises but students can and the Bible can be studied at school Equal Access Act- schools receiving federal $ must allow religious, political, or philosophical clubs

7. Aid to Parochial Schools Parochial schools = religious private schools Several States give help to these schools financially Lemon test Aid must be clearly secular, not religious, its primary effect must neither advance or inhibit religion, and it must avoid “excessive entanglement of government with religion”.

8. Free Exercise Clause Every person has the right to believe whatever he or she chooses to believe in matters of religion BUT no one can violate criminal laws, offend public morals, or otherwise threaten the safety of the community in the name of religion.

9. Freedom of Speech & Press We are guaranteed free expression in spoken and written word, and all other means of expression Some things are not protected by the 1 st amendment: Libel- the false and malicious use of printed words Slander- false and malicious use of spoken words Others- obscene words or printed materials, words used to incite crime

10. Seditious Speech Sedition is the crime of attempting to overthrow the government by force; seditious speech advocates such conduct Alien & Sedition Acts (1798) Was illegal to speak ill of the government (unconstitutional/void) You cannot encourage sedition or belong to a group whose mission is to overthrow the government

11. Obscenity Something is obscene and can be restricted if: 1. the average person applying local community standards finds the work to excite lust 2. the work depicts or describes a form of sexual conduct in an offensive way 3. the work as a whole lacks serious literary, artistic, political, or scientific value

12. Freedom and Security of the Person Slavery & Involuntary Servitude (13 th Amendment) 13 th Amendment added in 1865 ended slavery Sec 1: outlaws involuntary servitude which means “forced labor” (Does not outlaw the draft) Sec 2: gives Congress the power to abolish “the badges and incidents of slavery” (discrimination and unequal treatment)

13. The Right to Keep & Bear Arms The 2 nd Amendment says: “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.” Each State creates laws to regulate gun possession and use by citizens (background checks, age requirements)

14. Security of Home and Person 3 rd Amendment: forbids quartering of soldiers (housing) in private homes in peacetime w/out consent of owner or during wartime (unless law) 4 th Amendment: protects individuals from unreasonable searches and seizures and says probable cause andor warrants are necessary to search and seize

15. Probable Cause & Arrests Police officers have no general right to search for evidence or persons. They must have a court ordered warrant or have probable cause (reasonable suspicion of a crime). An arrest is the seizure of a person. Once you are arrested police may search you and the area around you. Police don’t need a warrant to arrest someone.

16. Automobiles Police need no warrant to search an automobile, boat, airplane or other vehicle when there is probable cause to believe that it is involved in illegal activities An automobile is a “movable scene of crime” which could disappear while waiting for a warrant to be issued

17. Drug Testing & Wiretapping Supreme Court has upheld laws that require drug testing without warrants and even if there is no indication of drug use (federal empl0yees, railroad workers, students, etc…) Police must obtain a proper warrant to install a listening device. However the FBI, NSA, and CIA have more freedom to use wiretapping thanks to the Patriot Act (2001)

18. The Exclusionary Rule Evidence gained as the result of an illegal act by police (State or federal) cannot be used at the trial of the person from whom it was seized Very controversial—as many argue that criminals get away with their crime because of this rule

19. Rights of the Accused Writ of habeas corpus- a court order that requires justification to keep a person behind bars Bill of attainder- a legislative act that inflicts punishment without a court trial (illegal/ unconstitutional) Ex post facto laws- a law applied to an act committed before its passage (illegal/ unconstitutional)

20. Grand Jury & Double Jeopardy Grand jury- group of people who examine evidence against a person to determine whether to indict them (charge them with serious crime/s) or drop charges Most cases do not go before a grand jury Double Jeopardy Once a person has been tried for a crime, he or she cannot be tried again for that same crime (unless there is a hung jury or the case is appealed)

21. The Trial Speedy Trial The time from arrest to trial must be reasonable and not harm the defendant Public trial means open to the public and media (though still limited for safety reasons i.e. Federal courts ban televised coverage but States allow it) Trial by Jury All federal cases require a jury, State trials of serious crimes must have a jury Bench trial= a judge acts as the jury

22. Right to Adequate Defense Every person accused of a crime has the right to the best possible defense that circumstances will allow Every person has right : 1. To be informed of accusation against them 2. To be confronted with witnesses against them 3. To be able to produce their own witnesses 4. To have the assistance of counsel (lawyer)

23. Self Incrimination 5 th Amendment says a person cannot be “compelled in any criminal case to be a witness against himself.” Burden of proof is on prosecution; accused do not have to prove their innocence. You can plead the 5 th in any situation that may lead to criminal charges being brought against you Only applies to you! You can be forced to rat out someone else! Miranda rights (Miranda v. AZ)- police must read you your rights before they can question you