constitutional law outline - part 1

constitutional law outline - part 1 - CONSTITUTIONAL LIMITS...

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1CONSTITUTIONAL LIMITS ON CRIMINAL LAW I. Section Objectives 1) Constitutional democracy 2) No ex post facto laws 3) Due process of law 4) Equal protection of the law 6) Right to be let alone - privacy 7) No cruel and unusual punishment II. Importance of Living in a Constitutional democracy A. Constitution - sets limits on power of government to create (and enforce) Crimes 1. the “great dilemma” described by James Madison - Giving the government enough power to govern, i.e., to control the governed, & then oblige it to control itself See quote - p. 48 B. Reflects principle of rule of law or “principle of legality” - government can only punish where law prohibits the behavior and sets punishment C. Protects subgroups from “tyranny of the majority” Note - difficulty in challenging a law as unconstitutional - presumption of
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constitutional law outline - part 1 - CONSTITUTIONAL LIMITS...

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