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Published byLeonard Rice Modified over 9 years ago
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Speech- You can say what you believe, excludes public “hate speech”. Press- You can write your opinion about the gov’t. “Slander and Libel” have been limited.
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Assembly- Gather in a group peacefully. Protests and violence can be broken up. Tea parties are examples of law-abiding peaceful assemblies. Petition- Write a protest to the gov’t. Religion- Gov’t cannot promote nor restrain practice of religion. (This is where the “Under God” part of the Pledge, and 10 commandments being removed from courts have been applied)
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Citizens may maintain an armed militia. (nat’l guard) This has been upheld to mean people can carry weapons for over 200 years. Some places have challenged this ruling where crime rates are higher-Chicago, NY, Wash DC.
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Ended the practice of British troops staying in colonists homes during the revolution. No military use of civilian homes without permission or war-time conditions!
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No “unreasonable” search and seizures. How does this rule apply to students in school? (Parking lot, locker, purse or bag) Who decides what is “unreasonable”? Friends in a car scenario- Who gets arrested?
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Holding someone w/out charges is illegal. No Double Jeopardy. Due Process must take place to obtain private property, administer death penalty, or give jail time.
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Speedy trial, be informed of charges, confront witnesses, and have a lawyer. Miranda Rights. Protects everyone no matter what their income level or status in society.
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Right to a Jury Trial in Civil Cases. This is usually found in criminal cases where the defendant can serve prison time or get the death penalty. Civil Cases are usually disputes between parties, like divorces, business breakups, or suing for damages.
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Excessive bails are determined by the courts. Can be situational based on the severity of the crime. E.g. Murder vs. Theft
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Rights not mentioned are reserved for the people.
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State powers are acknowledged and protected by the Constitution.
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