Bill of Rights the accepted 10 John Bigum 1st 10 amendments of the Constitution 70 of 1 state didn t participate 55 of 70 designated showed up many errors 39 signed approved document Constitution based on consent of the people to be governed We the people says nothing of democracy we are a republic we only act democratic democracy bad word synonymous with mob rule set up as elite government those who were allowed to consent white male real estate owners 1st political party created by Thomas Jefferson Republican Party disliked called democratic republican party to diss the party 1827 Rep party became Democratic party Todays republican party Abraham Lincoln thoughts changed became liked Andrew Jackson leader Voting consent assures religious freedom Theocracy and government should be EX Iran Tibet Saudi Arabia government based on religion with person at top determining how religion Separation of Church State 1827 Started in 1827 President given more power than under articles legislators created so that powers could be vetoed by President Court system not in articles created to interpret defend declare others were being unconstitutional void need to compromise communicate collaborate cooperate Principles of the Constitution Based on consent Religious freedom Limited Power disperse can check and balance power of others Const recognizes individual biz rights people have via their government Rights of people Bill of Rights judges are guardians protectors of Constitution and laws nobody above the law Deregulation takes away laws Biggest issue tolerated slavery took a Civil War to change that another 100 years before laws were implemented Flexibility Constitution has to be flexible be able to be changed over time change with values beliefs Leader cannot power perpetually forever Military subject to civilian control President commander in chief No subordinate territories everyone works together Judiciary makes sure law is adhered to Tells everyone when they are not complying Judiciary submission is exclusive to America Supremacy Cause Can be no law by any government level that conflicts preemptive validated those stop local and state authorities from entering into those categories Right to Know Law tells workers about chemicals ingredients they encounter and warns them about possible dangers by contacting them Judiciary can declare laws unconstitutional local authorities cannot enter some laws if legislature preempts the law constitution protects business Commerce Clause if Fed legislature has preempted local government or national scope biz local authority has limited ability to enter and pass laws about it if fed gov has not preempted local state then may be valid IF local or state law does not create unburden on interstate commerce if it creates burden on interstate commerce then that state law is null void law cannot treat businesses differently disproportionate treatment infringing on interstate commerce transparency in local business enforcement Some things only subject to local state Police Power nothing to do with police local or of state nature determined state by state criminal divorce marriage individual family law type of issues Full Faith in Credit when a court in 1 state jurisdiction have made a decision that decision can be taken anywhere in 50 states and should be respected and enforced protects decision of 1 court so it can be enforced in another Cannot be discriminated based on residence Individual rights in Constitution part of Bill of Rights 1st amendment Freedom of Speech all types of communication not just spoken written Not absolute certain communications NOT protected 1 Defamation parties Individuals not allowed to communicate lies distribute those to 3rd public figures only win if lie is done with malice intent to harm celeb only if lie is made recklessly lower than malice normal people if made under negligence of lies 2 Obscene speech Swear words protected under 1st amendment allowed to say Obscenity appeals to period interest no literary or scientific value Must be sexually arousing in such a way that society standards do not approve of that does not fit community standards then you can suppress needs to have trial to decide of something We do not allow censorship suppression of speech 3 Advocates immediate overthrow of public authority fighting words can t start violence or overthrow Freedom of press dispensing information is ok freedom of religion protects the freedom but separates from government establishment clause no specific religion can be endorsed favored over others neutrality in laws right of free exercise cannot have laws discriminating people because of how they practice religion Criminal Law Process of gathering evidence Beyond reasonable doubt o ONE and only ONE reasonable explanation Misdemeanors less than felonies o Any criminal activity when the crime is less than one year Felony Petty Theft Due Process o Any criminal activity that results in 1 year in the state prison o Limited ability to detain a shoplifter o Constitution the ability to arrest depends on Misdemeanor Police officers if and only if they observed the conduct Felony More serious everyone cops and individuals and make arrests and detentions o Fundamental fairness o Process of the trail and everything about it will be fair procedure due process o Substantive Due Process Everything about the law must be fair Criminal law requires for a person to be convicted there must be a law that specifically addresses the misconduct 4th amendment o Privacy Roe Vs Wade the right of a women to terminate a pregnancy during first 13 weeks o People cannot be arrested for felonies or misdemeanors without authorization preferred by constitution As cop for authority I o If a person is properly arrested than the officer can search that person and their immediate surroundings o Incriminating evidence is in plain view o Consent o If the police violate privacy rights then that s a get out of jail card MYTH Exclusionary Rule any evidence that is obtained improperly is treated like it never existed 5th Amendment o Due Process o Grand Jury for Felony Cases Process where the prosecutor presents evidence to citizens in private Secretive GOOD thing If a person has done something that is serious we want the information to remain private Inditement is like a complaint o Double Jeopardy Person has been charged with criminal misconduct and the trial has been completed Defendant cannot be tried again for that crime
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