Parts of the Constitution
This amendment bans cruel and unusual punishment.
8th
After someone commits a crime to they still have rights?
Yes
What does it mean to have separation of Church and State?
Religion is not part of the gov.
Provide an example of symbolic speech.
Answers will vary.
What do police need to search a private residence?
Search Warrant
(Probable Cause is needed for search warrant)
This is a clause in 14th amendment that says no state can take away a person’s life, liberty, or property without due process of the law.
Due Process Clause
What is bail?
money deposited by an accused person with the court to guarantee that they will appear in court
What are three ways the government can limit your right to assemble?
the government can decide when, where, and how assemblies take place in order to keep public peace.
Rules need to be fair and content neutral (meaning that the rules don’t favor one side). Rules need to be fairly administered.
What is Right of Association?
the right to join with others to promote political, economic, and social causes.
What amendment outlaws slavery and involuntary servitude?
13th
This is the clause in 1st Amendment that prohibits the government from establishing a religion
Establishment Clause
What is the Miranda Rule?
police must inform suspects of constitutional rights before questioning
What is Libel?
the false and malicious use of printed words
What is Procedural Due Process?
How the government acts in terms of its methods and procedures.
What is prior restraint and why might it be used?
banning an idea before it is expressed.
ex: Military Bases, CIA, prisons, Schools for educational interest, etc...
This is the 1st Amendment clause that bans the government from interfering with free practice of religion.
Free Exercise Clause
What is the Exclusionary Rule?
states that evidence gained illegally by the police cannot be used at the trial of the person from whom it was seized.
What is Sedition?
crime of attempting to overthrow the government
What is Substantive Due Process?
Why the government acts in terms of its policies and reasons
What are 3 limits to capital punishment?
Only for crimes that result in death of victim
Can’t be used on people under 18
Can’t be used on mentally challenged
A jury, not a judge, must decide whether the death penalty will be imposed.
What 5 freedoms does the First Amendment protect?
protects freedom of speech, religion, and the press, and the right to assemble and petition the government.
What is Preventative Detention AND why might it be used?
Holding an accused person without bail to prevent them from committing a serious crime before trial
Answers will vary
What is the Lemon Test, and what three aspects does the government examine to see if the government is acting constitutionally?
A test to determine whether State aid to parochial schools is constitutional
Secular Purpose
Neutral toward religion
Disentangled from religion
What is Habeas Corpus?
court order demanding that a prisoner be brought before the court and a reason given why they should not be released.
What are 4 reasons why police power may be used?
Police Power is the authority of each state to protect and promote the public health, safety, morals, and general welfare