Article I, Sections 9 / 10 prohibit government from passing: __ (law that declares an individual / group guilty of a crime and imposes punishment without a trial) __ laws (a crime that was previously legal and people who committed could now be prosecuted or increasing punishment of a crime / altering rules of evidence)

bills of attainder, ex post facto

Civil liberties: habeas corpus (Article I, Section 9) allows an incarcerated person to challenge __ of incarceration. Article VI prohibits the federal government from requiring __ for office.

legality, religious tests

Congress submitted twelve amendments to the states and ten of them—the Bill of Rights—were adopted in __.

1791

__ Amendment: American citizens have more rights than mentioned in the Constitution (1965)

Ninth

In 1868, the__ was added to the Constitution: no state shall deprive any person of life, liberty, or property.

Fourteenth Amendment

The Supreme Court refused to apply all provisions of the Bill of Rights to the __

states

more rights were imposed against the states through due process clause: freedom of __(1931), right to__ in capital crimes (1932), free exercise of religion (1934), and right to __.

press, counsel, assembly (1937)

The process by which the Supreme Court applied provisions of the Bill of Rights to the states became known as __.

selective incorporation

Although justices, like Hugo Black and William Douglas, supported all provisions of the Bill of Rights to be included, a majority of the Court rejected this approach in favor of __

case-by-case analysis.

In determining which rights should be incorporated, the Court came to assess whether a particular provision was essential to “__”.

ordered liberty and justice

Those that remain unenforced against states: the __ Amendment prohibition against nonconsensual quartering of soldiers, the Fifth Amendment right to a__ and due process of law the Sixth Amendment right to a jury selected from residents of the __ where the crime occurred the Seventh Amendment right to a jury trial in__cases.

Third, jury hearing, state, civil

Selective incorporation continues to this day, with the Eighth Amendment’s protection against excessive fines incorporated as recently as __.

2019

The incorporation doctrine has been used solely with respect to the rights and liberties contained in the first eight amendments rather than the entire Bill because: (1) the __ makes no reference to specific rights (2) the __ awards the states all powers not explicitly given to the federal government by the Constitution.

Ninth Amendment, Tenth Amendment

Once a provision has been incorporated, states must enforce it because Supreme Court interpretations of the Constitution are the supreme law of the land under __

Article VI

States may provide greater freedoms and protections to their citizens if based on their own laws and constitutions, but never less than __.

Supreme court ruling

symbolic speech and symbolic actions: __

speech plus

The Supreme Court has identified three kinds of expression—__—as having no protection of any kind under the First Amendment.

obscenity, defamation, and fighting words

The First Amendment contains two clauses on religion: the __ clause: protects the freedom to worship. the government may prevent the practice of the belief if a “compelling” need to do so can be demonstrated. -The__ clause: prohibits governments from supporting a particular religion.

free exercise, establishment

In order to withstand an establishment clause challenge, the government’s policy must: have a __ purpose have a primary effect that neither advances nor inhibits __ avoid excessive entanglement between the _

(non-religious), religion, state and religion.

The __ gives people the right to bear arms- only limited federal government until the Supreme Court ruled the right to defend oneself was fundamental, making the Second Amendment applicable to state governments

Second Amendment

The __ Amendment protects individuals from unreasonable searches and seizures by governments

Fourth

Probable cause: sufficient information exists to lead a reasonable police officer to conclude that evidence can be found at a location. Particularity: enough detail is provided about what to search for and __ to search for it. A __, such as a magistrate, will determine if these requirements are met and either issue or refuse to issue the warrant.

where, judicial officer

Under the __, evidence is admissible even if a warrant is determined to be deficient so long as the officer acted upon the warrant

good faith exception

Georgia gives its citizens protection by not recognizing the __ to the exclusionary rule.

good faith exception

The Fifth Amendment: The privilege against __ prevents an individual from being forced to testify if any statements could lead to his or her prosecution. The warnings are not required if there is __.

self-incrimination, custody without interrogation

The Fifth Amendment: under the__, these warnings do not have to be read when a threat exists to the public well-being.

public safety exception

The Fifth Amendment: The __ clause prohibits multiple prosecutions for the same offense.

double jeopardy

exceptions to double jeopardy. - the government may retry a case when the first trial ended in a__ ex: “hung jury” where the jury could not agree on a verdict. - the state may also retry a case if a defendant is initially found guilty, but the conviction is__ due to a legal error.

mistrial , reversed on appeal

The Fifth Amendment the takings clause. States, under eminent domain, are allowed to __ from unwilling sellers. the property must be used for a public purpose and just compensation must be paid to the owner.

confiscate private property

A grand jury is a group of people summoned by a government to consider evidence against a person. These juries determine whether enough evidence exists to conduct a trial. A government prosecutor presents its evidence to the grand jury in a private hearing. If the grand jury agrees that the accused committed the crime, an __(true bill) is issued against the accused. the Supreme Court has required use of grand juries only in federal felony crimes. States are under no obligation to provide grand juries-- many have chosen to.

indictment

Sixth Amendment: rights associated with the trial of a criminal defendant- in the Sixth Amendment: The right to counsel, the right to a speedy trial, the right to a public trial, the right to a jury trial, the right to confront the accuser, and the right to __ process.

compulsory

Sixth Amendment: A felony: punishable by a fine and/or a year or more in prison A misdemeanor: crime punishable by a fine and/or __ twelve months in jail.

up to

Sixth Amendment: The Supreme Court ruled that states must appoint counsel for indigent defendants in all felony cases, but only in misdemeanor cases when __ occurs.

INCARCERATION

Sixth Amendment: The right to counsel will sometimes apply in various __ procedures.

pre-and post-trial

Sixth Amendment: The Federal Speedy Trial Act of__, requires that a trial for a federal crime should commence within 100 days of an arrest or receipt of a summons.

1974

Sixth Amendment: the Supreme Court considers four factors in making a determination: the length / reason for delay, the __ of the right, and any negative impact because of the delay.

defendant’s assertion

Sixth Amendment: The right to a __ trial: to ensure a fair trial by allowing spectators to observe that the process operates according to the law.

PUBLIC

Sixth Amendment: The right to a jury trial: citizens are better at judging innocence or guilt. only given when a defendant is charged with a potential punishment of more than _.

six months

Sixth Amendment: The right to a jury trial: At the time of the Constitutional Convention, a jury consisted of__-incorporated against the states in 1968. The Supreme Court ruled that criminal cases in state courts could contain as few as six jurors (1970).

twelve people

Sixth Amendment: The right to a jury trial: In order to convict, federal juries must be unanimous, but it was not until__ that the Supreme Court required unanimous verdicts in state trials for “serious offenses”

2020

Sixth Amendment: Defendants have the right to confront their accusers through the __ of the Sixth Amendment. so that cross-examination can occur allowing jurors to evaluate the reliability of witnesses.

confrontation clause

Sixth Amendment: the right to compulsory process gives a defendant the power to __ to testify. A subpoena is a summons by a court to appear and testify so that defendants have an opportunity to present their side of a case.

subpoena witnesses

The Eighth Amendment: includes multiple provisions in protecting against excessive bail, excessive fines, and __ punishment.

cruel and unusual

The Eighth Amendment: Punishments can be cruel and unusual if they are inhumane or too __.

severe

The Eighth Amendment: Crimes for which death penalty could be imposed are: homicides, treason, and __

air piracy

Fourteenth Amendment: citizenship to all born / naturalized in the US and the privileges and immunities,__, and the equal protection clause.

the due process

Fourteenth Amendment: The privileges and immunities clause prohibits states from infringing upon the rights of U.S. citizens. The Supreme Court rejected by distinguishing between national citizenship and state citizenship and holding that the privileges and immunities clause only protected rights of citizenship already listed in the __.

Constitution

Fourteenth Amendment: __ clause forbids states from depriving any person of life, liberty, or property without due. substantive due process focuses on WHAT the state intends to do to a person, while__ focuses on HOW the state does it.

The due process. procedural due process

Fourteenth Amendment: The equal protection clause prohibits states from denying __ equal protection of the laws.

any person

Fourteenth Amendment: The scrutiny test is used when the alleged discrimination abridges__ granted by the Constitution.

fundamental rights

Fourteenth Amendment: The Supreme Court uses the rational basis / traditional test, in cases involving alleged discrimination outside of the two-suspect classification. Under it, a law could be discriminatory and __ if a connection exists between what a government wants to accomplish and how the state goes about accomplishing it.

still constitutional

Fourteenth Amendment: substantive due process: governments are prevented from interfering with __. Recently, the Supreme Court expanded the right of privacy by focusing "liberty” in the due process clause.

fundamental rights

Fourteenth Amendment: Laws under the rational basis test are constitutional. The Supreme Court complicated the Equal Protection Clause by adding scrutiny when discrimination is based on __

gender / illegitimacy

Fourteenth Amendment: Under __, discrimination is permissible if the government is furthering an “interest” in a way that is “substantially related”

intermediate scrutiny

The Fifteenth Amendment (1870) forbids denying the __ based on race / previous servitude. The Voting Rights Act of 1965 outlawed literacy tests.

right to vote

The Nineteenth Amendment (1920) granted __ the right to vote.

women

The Twenty-Sixth Amendment (1971)-- connected to Vietnam War. The voting age was 21 and protests occurred over 18-year-olds in battle without any voice. reduced the voting age to __.

18

The Twenty-Sixth Amendment (1971): Required approval by the Department of Justice before laws could be changed where __ of the non-white population had NOT registered to vote.

less than 50 percent

The Supreme Court made it clear that the __ did not prevent discrimination by private citizens. The amendment is addressed to the state government, not to individuals

Fourteenth Amendment

While governments must respect liberties of Native Americans, tribal governments dont bc (1) they are not part of the federal government and (2) __ applies to states.

selective incorporation

states began making peyote illegal –the Supreme Court did not apply the compelling interest test by ruling that “a generally applicable and otherwise valid” state criminal law did not violate the free exercise. Congress in the Religious Freedom Restoration Act of 1993 tried to force the Supreme Court to use the compelling interest test in ALL free exercise cases. Congress amended the Act by limiting its coverage to the federal government.

Congress enacted the__ (1968) granting freedoms and protections in the Bill of Rights / Fourteenth Amendment to tribal members. exceptions: a right to counsel at the defendant’s expense. also includes a free exercise provision but not one for establishment issues. there can be a religion, but the tribe cannot coerce anyone into embracing it

Indian Civil Rights Act