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Published byVirgil Foster Modified over 9 years ago
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Locate & Label the following on your copy of the Constitution
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Section 1 There will be a Supreme Court Congress can create lower courts as needed Judges hold their term during “good behavior” Their salaries can’t be reduced
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Section 2 The Supreme Court has appellate jurisdiction in ALL cases The Supreme Court has original jurisdiction in cases involving… Ambassadors / public ministers & consuls When a state is a party Trial by jury except in impeachment trials
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Section 3 Rules for treason cases
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Freedom of Religion: Courts use the “Lemon Test” to determine how public $ can be used in religious institutions w/o violating the Establishment Clause & have banned prayer in public school as part of classroom exercises as a violation of the Establishment Clause
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Freedom of Religion: Courts allow state laws to ban religious practices, w/o violating the Free Exercise Clause, if there is a “compelling public interest” to do so, and if the law is not aimed specifically at religion
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Freedom of Speech: Courts allow restriction on speech that… Creates a national security threat Is in schools Poses a “clear & present danger” Advocates violent overthrow of the gov’t Is obscene Is libel or slander Is commercial speech
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Freedom of the Press: can conflict with 6 th Amendment rights. Courts can force the press to turn over needed info in a criminal case
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Freedom of Assemble: Can picket, parade or protest, but subject to reasonable time, place & manner restrictions. Implies a Freedom to Associate with like- minded people, thereby protecting interest groups and political parties
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Right to Bear Arms: personal or state- regulated right?
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No Forced Quartering of Soldiers – Whew… what a relief… Possibly implies a Right to Privacy?
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Freedom From Unreasonable Search & Seizure = must have probable cause & a warrant Supreme Court says illegally obtained evidence is inadmissible in court = Exclusionary Rule
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Freedom From Forced Self-Incrimination Freedom From Double Jeopardy Eminent Domain restrictions
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Right to a speedy, public trial Right to a jury trial Right to be informed of the charges & confront witnesses Right to counsel
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$20 … really ??? Here, you can have $20 bucks… let’s move on!
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No Excessive Bail or Fines Who decides? Judges. No Cruel and Unusual Punishment Court says capital punishment doesn’t violate the 8 th Amendment
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“The enumeration in the Constitution of certain rights, shall not be construed to deny or disparage others retained by the people” Supreme Court says this implies a Right to Privacy: The right to a personal life free from the intrusion of government.
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Citizenship Clause : Restricts state governments and overturned Dred Scott v. Sanford Due Process Clause: used to incorporate Bill of Rights protections for defendants into state law Equal Protection Clause: used to stop or review laws and policies that treat people differently on the basis of race, gender or “other” factors
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Suffrage extended to women
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Gave Washington DC votes in the Electoral College
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Right to vote protected by the elimination of Poll Tax
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Extended suffrage to 18 year olds
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