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3rd Amendment
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no troops can be put in a house w/out consent in war/peace
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4th Amendment
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right of the people to be secure
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5th Amendment
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right to not testify against yourself
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6th Amendment
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accused have a speedy & public trial
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7th Amendment
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if accused of a crime over $20(230 now), then right to a jury
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8th Amendment
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no excessive bail, fines, or cruel & unusual punishments
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9th Amendment
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just because it's not in the constitution doesn't mean it's legal/illegal
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10th Amendment
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powers not delegated by Constitution are reserved to states respectively
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13th Amendment
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no slavery or involuntary servitude
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14th Amendment
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all persons born or naturalized in U.S. are subject to jurisdiction
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15th Amendment
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rights will not be denied by race, color, or previous condition
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Gideon vs Wayne Wright
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everybody is allowed to a court attorney
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Forman vs Georgia
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determines that execution is not cruel & unusual
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Kelso Case
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state is allowed to take property
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Section 1
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creates legislative branch; bicameral govt. created
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Section 2
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representative must be 25 years old, 7 years U.S. Citizen
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general assembly
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legislative body in which each member has one vote
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Section 3
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2 senators from each state serves 6 years, 1 vote;
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Senator requirements
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30 years old, 9 years a citizen
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Section 5
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a journal is kept and published unless secrecy is needed
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Quorum
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minimum number of people for entity to work
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Section 6
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law determines how much officials
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Section 7
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process of bills
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Section 8
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Congress can lay & collect taxes
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Letter of Marque & Reprisal
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formal declaration of war against a nation
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House of Representative Powers
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war, tax, treaty ratification, impeach
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Section 9
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no title of nobility will work
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Section 10
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restriction on certain state powers
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habeas corpus
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someone must be told what they are charged with
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Ex Post Facto
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prosecuting someone with something that was legal but is now illegal
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Bill of attainder
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condemn someone w/out due process
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Section 1
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creates executive power
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Presidency Requirements
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35 years old, 14 years a citizen
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Case of Removal
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VP acts in place of president
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Section 2
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Civilian is in commander in chief of armed forces
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Section 3
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State of the Union address
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Section 4
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civil Officers can be removed from office on impeachment for high crimes
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Section 1
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creation of judicial branch
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Section 2
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judicial power extends to all cases
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Section 3
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treason cases
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Zenger Case
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Zenger accused governor Cosby of corruption; accused of libel but later acquitted
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libel
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written lies that cause damage
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slander
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spoken lies
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Buckley vs Valego
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Money is speech
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SpeechNow vs FEC
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contribution limits were unconstitutional
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Citizens United Decision
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allowed corporations to spend unlimited money
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Texas vs Johnson
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burning a U.S. flag counts as protest
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PAC
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can give money to parties ($2600)
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SuperPAC
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cannot give money to parties but may pay for ads
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McCutcheon vs FEC
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allows giving of money to infinite of people
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Shank and Deb Cases
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(1920) Clear and present danger clause
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Gitlo vs NY
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(1925) accused of breaking criminal anarchy act by creating a left wing pamphlet
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Chief Justice during Shank and Deb
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Oliver Wendell Holmes Jr.
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Debs and Shank broke what law?
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Sedition Act of 1917
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Clear & Present Danger Test
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1st speech test; speech is unprotected if it causes a disturbance
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Bad Tendency Test
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speech is restricted if it can incite illegal activity
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Clear & Present Danger w/eminence
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3rd Speech test; extension of proximity and degree(more urgency)
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Public vs Private Speech
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4th speech test; some people enjoy more latitude than others
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prior restraint
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suppression of speech that would be broadcasted and may cause harm
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Tinker vs Des Moines Case
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speech is protected even if it is unpopular
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What is porn or obscenity?
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no definite answer
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Chaplinsky vs New Hampshire
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(1942) Supreme Court rules porn has no redeeming social value
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Roth Case vs U.S.
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(1957) sex appealing to pruriant manner (no social value)
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Stanley vs Georgia
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courts ruled it was ok to watch porn in your own home
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Miller vs California
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(1973) no definite answer for porn
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Cheatography n. The art of mapping complex subjects into clear, instantly navigable reference guides.
