Amendments 2-8 Flashcards
Which amendment hasn’t been Incorporated, and states: a well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed
Amendment 2
What are Amendments 2-8 about?
Rights of the accused
What does amendment 2 state?
A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed
Which amendment was unclear about who has rights to bear arms?
Amendment two
Who controls gun ownership?
States, but there are a few national restrictions
What is the Brady Bill
An unfunded mandate requiring a log and background check of everyone who has bought a gun. It is no longer observed, because it is an unfunded mandate
What does the fourth amendment cover
No improper search and seizures, no arrest without probable cause, evidence obtained by illegal search is not admissible during trial
What is the Fifth Amendment about
Right to remain silent, no self-incrimination during arrest or trial, right to grand jury, no double jeopardy
What is the sixth amendment about
Right to be informed of charges, right to counsel, right to a speedy and public trial before an impartial jury, right to confront witnesses
What is the eighth amendment about
No excessive bail, no cruel and unusual punishment
What does article 1 section 9 State
You have a right to an open trial before Judge
What is the 14th amendment
Due process cannot be denied
What are the two kinds of due process
Substantive due process, and procedural due process
What is substantive due process?
First, is it a good law or bad law? Second, is the good law being applied fairly?
You are denied due process if:
you’re forced to obey an unfair law
What is procedural due process?
First, is it a good law or a bad law? Second, is the good law enforced fairly?
What is police power?
The actions of the state to protect public safety, public morals and general welfare. Allows the government to do stuff, and it’s supposed to be what government is based off of
What do you lose a little bit of every time there’s a new law?
Liberty
What are some examples of laws under the police power?
The right to set blood alcohol content limits, the right to regulate alcohol and tobacco laws, the right to regulate seatbelts and helmets for motorcyclists, the right to restrict prostitution and gambling
What is Louisiana’s gambling law?
Gambling is illegal, but “gaming” is not
What can the police power not be?
Arbitrary, enforced unreasonably, or violate the fourteenth amendment
What amendment is search and seizure under
Fourth
What is search and seizure?
The right of a person to be secure in home person papers and effects. In other words you have a right to privacy
What does the 9th amendment state?
There are unwritten rights besides those listed. The biggest one is privacy
