LGS 200Exam # 2 Study Guide LGS 200 Test#2 Study Guide Chapter 5:10 Amendments/Bill of Rights:- First: o Guarantees the freedoms of religion, speech, and the press and the rights to assemble peaceably and to petition the government- Second:o States that the right of the people to keep and bear arms shall not be frightened- Third:o Prohibits, in peacetime, the lodging of soldiers in any house without the owner’s consent- Fourth:o Prohibits unreasonable searches and seizures of persons or property- Fifth:o Guarantees the rights to indictment by grand jury, to due process of law, and to fair payment when private property is taken for public useo Prohibits compulsory self-incrimination and double jeopardy Being tried again for an alleged crime for which one has already stood trial- Sixth:o Guarantees the accused in a criminal case the right to a speedy and public trial by an impartial jury and with counselo The accused has the right to cross-examination witnesses against him or her and to solicit testimony from witnesses in his or her favor- Seventh:o Guarantees the right a trial by jury in a civil case involving at least $20- Eighth:o Prohibits excessive bail and fines, as well as cruel and unusual punishment- Ninth:o Establishes that the people have rights in addition to those specified in the Constitution- Tenth:o Establishes that those powers neither delegated to the federal government nor denied to the states are reserved to the states and to the peopleA Federal Form of Government = the national government and the states share sovereign power- The Constitution sets forth specific powers that can exercised by the national government and provides that the national government has the implied power to undertake actions necessary to carry out its expressly designated powerso All other powers are retained by the stateso The 10th amendment = powers not delegated to the U.S. by the constitution are reserved to the States, or to the peopleFull Faith and Credit Clause = applies only to civil matters- It ensures that rights established under deeds, wills, and contracts in one state will be honored in other states- Also ensures that any judicial decision with respect to such property rights will be honored and enforced in all states- Protects legal rights as citizens move across/throughout the countryCommerce Clause = to prevent states from establishing laws and regulations that would interfere with trade and commerce among the states, the Constitutions expressly delegated to the national government the power to regulate interstate commerce- Has greater impact on business than any other provision in the Constitution - Gibbons vs. Ogden - Today, the power over commerce authorizes the national government to regulate all commercial enterprises in the United States- Use of Medical Marijuana - As part of their inherent sovereignty, state governments have the authority to regulate affairs within their borders (part of the 10th amendment)o State regulatory powers are referred to as police powers (parking, zoning, fire codes, etc.)Supremacy Clause = the Constitution, laws, and treaties of the United States are “the supreme Law of the Land”- When there is a direct conflict between a federal law and a state law, the state law is rendered invalid- Because some powers are concurrent (shared by federal and state governments), it is necessary to determine which law governs in a particular circumstance- Preemption occurs when Congress chooses to act exclusively in an area in which the federal government and the states have concurrent powersSearch and Seizures:- The 4th Amendment protects the “right of the people to be secure in their persons, houses, papers, and effects”- Before searching private property, officers must obtain a search warranto Search Warrant = an order from a judge or other public official authorizing the search or seizure Search warrant = reduce, put in writing by judge based on probable cause- In writing, judge, under oath, confidential informant, reliable and occurred within last 48 hours (recent)o They must have probable cause = must have trustworthy evidence that would convince a reasonable person that the proposed search or seizure is more likely justified than noto Confidential informant = reliable and accurate information (provider is respectable)- Fourth amendment prohibits general warrants- The search cannot extend beyond what is described in the warrant- Exceptions to a search warrant:o When it is likely that the items sought will be removed before a warrant can be obtained Example: an officer can search a car if he/she believes that evidence of a crime could be gone by the time the warrant comesSelf-Incrimination:- The 5th Amendment guarantees that no person “shall be compelled in any criminal case to be a witness against himself”- In any federal proceeding, an accused person cannot be compelled to give testimony that might subject him or her to any criminal prosecution o Nor can an accused person be forced to testify against himself or herself in state courts because the due process clause of the 14th Amendment incorporates the 5th Amendmentprovision against self-incriminationRight to Privacy: 1966 Freedom of Information Act = allows any person to request copies of any information on her or him contained in federal government files (Privacy Act in 1974)HIPPA (Health Insurance Portability and Accountability Act) = privacy act for patients (files/records are protected and secured); only for specific medical uses- Medical information cannot be released by physician (form must be signed)- Requires health care physicians to inform patients of their privacy rights and of how their personal medical information may be used- Also states that a person’s medical records may not be used for purposes unrelated to health careThe Patriot Act = gives increased authority to government officials to monitor Internet activities (such as email and Web site visits) and to gain access to personal financial information and student information - Established in the wake of the terrorist attacks of 9/11- The government must certify that the information likely to be obtained is relevant to an ongoingcriminal investigation but does not need proof of any wrongdoing to gain access to this informationo Some say this is a violation of our constitutional rightsChapter 7:Crime = a wrong against society