Pre-exam course summary

Pre-exam course summary - HLS 225 Fall 2008 1. What are the...

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HLS 225 – Fall 2008 1. What are the responsibilities of government and what are the li8mitations on the power of government? A summary of what we know so far in this course: a. Responsibilities of Government in the Preamble to the Constitution: i. Establish Justice ii. Insure domestic tranquility iii. Provide for the common defense iv. Promote the general welfare v. Secure the blessings of liberty b. Constitutional Limitations on Government i. Can’t suspend habeus corpus. Article I, Section 9. 1. What’s habeus corpus? ii. No bill of attainder or ex post facto law. Article I, Section 9 1. What’s a bill of attainder?
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2. What’s an ex post facto law? iii. First Amendment: Freedom of Religion, Speech, Press, Assembly, Petition. iv. Second Amendment: “the right of the people to keep and bear arms.” v. Third Amendment: Restrictions on the quartering of soldiers. vi. Fourth Amendment: No unreasonable searches and seizures, Search warrants issued only on probable cause. vii. Fifth Amendment: No criminal felony trial w/o grand jury indictment, no double jeopardy, can’t compel testimony of criminal defendant, no taking w/o due process of law, restrictions on eminent domain. viii. Sixth Amendment: Speedy and public criminal trial, impartial local jury, inform criminal defendant of charges prior to trial, confront and compel witnesses, right to counsel. ix. Seventh Amendment: right to jury in civil trials at common law.
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x. Eighth Amendment: Ban on excessive bail and on cruel and unusual punishments. xi. Ninth Amendment: A listing of some rights of the people does not restrict or eliminate unlisted rights. xii. Tenth Amendment: Powers not specifically delegated to the Feds or prohibited to the states are reserved to the states or to the people.
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c. The Congressional war-making power: See Article I, Section 8. i. Does “provide for the common defence and general welfare of the United States” trump other provisions of the Constitution? 1. E.g., The Fourth Amendment’s ban on warrantless searches or upon unreasonable searches and seizures. 2. E.g., The Fifth Amendment’s ban on depriving a person’s “life, liberty or property without due process of law.” 3. Benjamin Frankiln: “They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety.” 4. Patrick Henry (March 23, 1775): “Is life so dear, or
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Pre-exam course summary - HLS 225 Fall 2008 1. What are the...

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