American Politics 101-page5

American Politics 101-page5 - controversies are limited-The...

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- However, Antifederalists argued that a Bill of Rights was necessary to protect the rights of minorities. - Bill of rights is the first ten amendments to the constitution. Patrick Henry & George Mason - Give me liberty, or give me death! Bill of Rights - Congress shall make no law abridging freedom of speech… - The right to bear arms, shall not be infringed. - Excessive bail shall not be required…nor cruel and unusual punishments imposed. - No warrants shall issue, but upon probable cause. - No person shall be held to answer…unless on a presentment or indictment of a Grand Jury. - NO person shall be deprived of life, liberty or property, without due process of law. - Only began to apply to the states in the 20 th century! o Barren v. Baltimore Naitonalizing the Bill of Rights: The unsteady march. - The bill of rights only applies to the actions of the federal government, not the states. - Because the federal government doesn’t do much, this means that bill of rights
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Unformatted text preview: controversies are limited. -The fifth amendment must be understood as restraining the power of the general government, not as applicable to the states. -Theory of Dual citizenship. The 14 th Amendment -All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. -No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the US, nor shall any state deprive any person of life liberty or property without due process of law. The process of the incorporation of the bill of rights has not happened entirely! Incorporation of the Bill of Rights! -Case by case basis. -Due process of law refers to the Bill of Rights. Due Process and Criminal Procedure -Miranda rights -The exclusionary rule. -Banning of Double Jeopardy -The right to counsel....
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