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ISU POL 106 - Bill of Rights

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POL 106 1st Edition Lecture 10Outline of Last Lecture I. Article 2II. Article 3III. Article 4IV. Article 5V. Article 6VI. Article 7Outline of Current Lecture I. 1st AmendmentII. 2nd AmendmentIII. 3rd AmendmentIV. 4th AmendmentV. 5th AmendmentVI. 6th AmendmentVII. 7th AmendmentCurrent Lecture1st AmendmentEstablishment Clause: Congress cannot make any law establishing a national religion- No national religion- Not against religion; broke away from country where religion played a huge role  wanted to avoid similar situationFree Exercise Clause: Free to exercise whichever religion you choose- Can practice anything that does not hurt anyone or break any lawsFreedom of Speech: Allowed to express yourself in whatever way you feel- Certain limitations- Allowed to criticize public officials- Not allowed to say something that causes a clear and eminent dangerThese notes represent a detailed interpretation of the professor’s lecture. GradeBuddy is best used as a supplement to your own notes, not as a substitute.Freedom of Press- Libel – published false statement that could ruin a person’s reputation- Potentially have to turn over info if a crime is committed- Books, papers- Obscene speech allowedFreedom to Peaceably Assemble- Allowed as long as it does not cause a riot/violence- Has to take place in appropriate place (no streets)2nd Amendment- Written from mindset of shot guns being necessary- Times were different- State issue3rd Amendment- No quartering of Soldiers4th Amendment- Protection against unreasonable search and seizure (personal privacy)- Warrants for probable cause- Warrants must be specific as to what is to be searched- Felonies do not require a warrant if there is no time to get one- Police cannot use deadly force unless serious threat- Person may be searched after arrestedo Reasonable searches- not stomach pumping for drugso Still have to have a warrant for their home to be searched- Fingerprinting only allowed if you give consent or if you’re arrested- Vehicle may be searched if the searchers believe it may contain evidence of a crime- Must have a warrant for all searches except cars and arrested peopleo Need warrant to search trunko If briefcase is outside of car, cannot be searched- Unconstitutionally collected evidence:o Teachers can only be searched if it is a state schoolo Cannot be forced to undergo surgeryo Allowed to enter if evidence is in plain view5th Amendment- Guarantees Due Processo 2 types: Substantive and Procedural- Right to indictment by federal Grand Jury in federal criminal cases- Prohibits Double Jeopardyo Cannot serve time for same crime twice- Protects against self incrimination- Payment for property taken under eminent domain6th Amendment- Speedy and public trialo Terms “speedy” and “public” are very relativeo Applicable to states via 14th amendmento Federal Speedy Trial Act – 30 days- Impartial juryo People who are unbiased towards the parties involvedo Usually 12 person jurieso Juries used in all states usually if penalty is prison for 6+ months- Informed of nature and cause of accusation (if not, case dismissed)- Assistance of Counsel – Gideon (felonies)7th Amendment- Right to trial by jury in federal court- States do not have to have jury trials in civil cases- Common Law – decrees and decisions of British Courts- Still the theoretical basis of our law (unless replaced by legislation or


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