Term
| Opening statement/Introduction/Mission/statement |
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Definition
Preamble:
We the People of the United States, in order to form a moe perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare and secure the blessings of liberty to ourselves and our poserity, do ordain and establish this constitution for the United States of America. |
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Term
| First Three Articles establishing: |
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Definition
1. Legislature,its powers&procedures;-
2.Executive:-its powers,responsibilities and procedures.
3:Judiciary:-powers, responsibilities.
Created the supreme court; al other courts are created by congress. |
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Term
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Definition
4: Full faith and credit to all states and its citizens within the union;
5:Amendments
6:Approves all liabilities and credits of states under the union b/4 constitution came into effect;
7: Ratification parameter-2/3rds majority. |
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Term
| Article 5 allows for amendments: |
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Definition
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Term
| Little history on origin. |
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Definition
1774-First Centennial congress wth 12 colonies-petitoned england for right to life, liberty & property. Request was denied and fight started;
1775-citizens of Meckleberg-N. Carolina-declare self local govt.
July 4, 1776-13 Colonies declared independence
1778-Articles of confederation ratified;
1787-Delaware-ratified new constitution.
Major argument was absence of Bill of rights.
1789-bill of right-sponsored
1791-Constitution & bill of rights-ratified. |
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Term
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Definition
Limits power of govt.
Uphold basic & inalienable rights of the pple;
Protects the liberties & dignities of citizens
Grt emphasis on freedom of individuals |
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Term
Writ of Habeas corpus:
Article 1 section 9 clause 2 |
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Definition
| Name of Variety of writs-meaning "bring the body" Every citizen is entitled to right of due process. |
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Term
| Freedom of speech provided for except |
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Definition
*obscenity
*profanity
*Libel & Slander
*Fighting words
*EXpressions that create & present
danger
-"Fire" in a crowd |
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Term
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Definition
| Freedom of Religion, speech, press, assembly & to seek redress |
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Term
| Case Study 1: 42 USCS 1983 |
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Definition
Duran V. city of Douglas (Arizona)
Case of breach of first amendment right to freedom of speech; that someone merely abuses you, points the f finfer at you even if it interferes with the conduct of your duty is not enough to arrest the person. It has to stray beyond the limits of innocent expression of himself in a rude and crass manner. |
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Term
| CAse Study 2. Tennessee v. Garner, 471 U.S. 1, 7, 85,L. Ed. 2d 1, 7, 105 S. Ct. 1694 |
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Definition
| This under the 4th amendment;The right of people to be secure in their persons, houses, papers and effects against unreasonable search & seizures. |
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Term
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Definition
| Facts and circumstances that would lead a reasonable person to believe that a specific person has committed a specific crime |
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Term
Due Process
4th Amendment-Tennessee vs Garner |
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Definition
Treating every body equally, protecting pple from govt over reach; limit power of police, prosecutors and judiciary
Right to be free from unreasonable search and seizures.
Dont forget, this right is also garranteed under the 5th and 14th amendments |
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Term
Fifth Amendment:
Miranda vs Arizona |
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Definition
Guarantees right to:
Grand jury
against Double jeopardy
Right against self incrimination-plead the 5th
Right to due process
Right to just compensation.
CAse Law: Miranda VS Arizona. |
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Term
Amendment 6
CAse Study: In Re-Gault |
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Definition
Right To speedy trial
Public trial
unbiased jusry
knowledge of accusation against him
cross examine witnesses
representation by attorney
obtain witnesses by requiring their present in court |
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Term
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Definition
Right to trial by jury
the rules of common law applies during appeals |
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Term
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Definition
| Every citizen is entitled to bail, fine and against cruel and unusual punishment |
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Term
| Amendment 9: rule # 9 is mine |
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Definition
| any right not specified in the constitution belongs to the citizens |
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Term
Amendment 10
States powers |
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Definition
| Any power not identified in the constitution belongs to the states |
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Term
Amendment # 14
naturalization & citizenship
Case law:- Monroe vs. Pape-1961(42 U.S.c 1983) |
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Definition
all persons born, naturalized and subject to the jurisdiction of the US are citizens.
A Police Officer could be held personally and officially liable for acting illegally under color of law. |
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Term
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Definition
| Also US law supercedes states law, talks of due process & equal protection |
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