National Government 9 16 13 Freedom of Religion Establishment Clause o National government can t establish a religion o Congress shall make no law respecting an establishment of religion Free exercise clause o Part of the 1st amendment stating that Congress cannot prohibit or interfere with the practice of religion o Engel v Vitale Prayer in public schools Freedom of the Press Reporter shield laws o 2005 Judith Miller case Broadcast and Cable Communications o Federal Communications Commission FCC The Internet o Very little regulation o Last bastion of completely open and free social forums o Wild West o Exceptions include downloading music and online predators The 2nd Amendment Bear Arms Liberals Well regulated militia isn t relevant Shouldn t give individuals the right to have guns Conservative Deferring opinion Brady Bill Mandate to purchase a weapon a background check 5 day waiting period Due Process To protect the rights of people who have been accused of a crime 4th 5th 6th 8th amendments 4th amendment o Unreasonable search and seizure Mapp v Ohio th 5 amendment o Self incrimination Miranda Rights National Government 9 16 13 6th Amendment o Right to Legal Counsel and a Jury Trial Gideon v Wainwright Accused of robbing a bar Florida refused to give him a lawyer Had to defend himself Submitted the writ of certiorari to Supreme Court Case was overturned and so was thousands of other cases based on the same thing Tried again found not guilty because of reasonable doubt 8th amendment o Cruel and unusual punishment Violent interrogation Water boarding Applied to the Death Penalty Electric Chair 1976 death penalty reinstated Criticisms Equality in sentencing In the past decade the court has reversed course by banning the death penalty for the mentally handicapped 2002 people of minor age 2005 and child rapists 2008 Privacy Rights o Privacy not mentioned in the Bill of Rights specifically Griswold v Connecticut Roe v Wade o Terminate pregnancy during first trimester is up to the woman
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