Unit 5 3 Civil Liberties 2 10th Amendments

Civil Liberties 2 nd -10 th amendments

2 nd -10 th amendments
What is the relationship between DUE PROCESS and police/government power?
POLICE POWER
power of each state to act to protect and to promote health, safety, morals, and the general welfare of all people. (Classical republicanism)
The needs of society verses the rights of the individual (natural rights)

2 nd Amendment
RIGHT TO BEAR ARMS
to have guns to maintain a state militia, States can and do regulate use of weapons.
Challenged in 2008 court case
D.C. handgun law

3rd Amendment
NO QUARTERING OF TROOPS
Least used amendment in history-never had to deal with it after the Revolution.
Imagine if we did have to deal with it though!

4 – 8 th Amendments
All deal with PROCEDURAL DUE PROCESS
the government must follow certain “procedures” when denying your rights.
“ Innocent until proven guilty”
This addresses the limited government idea
1st expressed in the MAGNA CARTA (1215)

4 th Amendment
4th amendment
No illegal search and seizure
BUT there are exceptions:
probable cause
reasonable grounds; reason to believe that you have or are going to commit a crime.
reasonable privacy
reasonable expectation of privacy- the police need a warrant.
plain view
no warrant needed
Trash
no warrant needed-left on a curb, lost reasonable expectation of privacy
Emergencies
no warrant, but well after the emergency- need warrant

How have the courts put TEETH in the 4th amendment?
EXCLUSIONARY RULE
unlawful search “tainted evidence” can not be used in court
BUT…
they have also upheld GOOD FAITH AND HONEST MISTAKES (1984)

5th AND 6th AMENDMENTS
RIGHTS OF THE ACCUSED
Innocent until PROVEN guilty- burden of guilt is on the prosecution
5 th – NO DOUBLE JEOPARDY
Can not be tried for the same thing twice
If there is no verdict , so be it
Can be tried in civil and criminal courts though
5 th – RIGHT TO REMAIN SILENT
MIRANDA CASE
extended the 5th amendment to include the ignorant (those who do not know) the right to remain silent.

6 th Amendment
6th -TRIALS
Speedy, and Public
Defense (an attorney) -guaranteed the best possible defense
GIDEON CASE
Extended the 6th amendment to include the poor – the right to an attorney even if you can’t afford one

7 th and 8 th Amendments
7th amendment
Civil Case Jury
8th amendment
No excessive fines and “cruel and unusual punishments”
Death penalty has been upheld by the Supreme Court
each state decides for itself.

9th amendment
You still have all of the rights not listed
NINTH AMENDMENT (HAS BEEN INTERPRETED TO MEAN RIGHT OF PRIVACY)
To be free except in very limited circumstances from unwanted government intrusion.
ROE v. WADE – TX
Law in Texas, outlawed abortion
14th amendment due process and right to privacy (9th amendment)
the court found this law unconstitutional because of substantive due process
OTHER CASES
Since ROE, the courts have upheld other pieces of legislation in various states – making it harder for women to get abortions.

Other protections of rights in the original Constitution: (Article 1, Section 9)
HABEAS CORPUS
Prisoner must be brought before the court and the court must show just cause why they should be held
EXPOST FACTO
Can’t pass laws after the fact to punish someone after the fact.

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Unit 5 3 Civil Liberties 2 10th Amendments

by David Osman on Jul 10, 2008

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Unit 5 3 Civil Liberties 2 10th Amendments — Presentation Transcript