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- What is the capital Punishment? Why is it controversial? Death Penalty is federal Gov: and 32 states provide it. It is controversial because the 8th amendment protects us from cruel and unusual punishment.

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The 8th Amendment: "Excessive bail shall not be required nor excessive fines" Usually given to you so you can be released from jail from trial.

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- What is meant by a guarantee against himself?: It is a personal right, one can claim for oneself. It says "No person shall be compelled in a criminal case to be a witness against oneself"

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- 6th Amendment: The 6th Amendment says that a person accused of a federal crime must be tried by an imperial jury. The state and district where in the crime must have been committed to which district shall have been previously ascertained by law.

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- What is double jeopardy: When a person has been tried for a crime, they can't be tried for the same crime.

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- What is a Grand Jury? Why is it important to have the right to one?:
When a person is accused for a serious crime that can result in death or imprisonment. It is important because the Grand Jury decides if they are guilty or not.

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- Ex Post Facto: Ex Post Facto means that when a law is applied to an act committed before the passage of the law, it is a criminal law defining a crime and/ or providing the punishments

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-  Habeas Corpus? Why is it important?:  Habeas Corpus is one of the most important defenses available. It is sometimes called the "Writ of Liberty" it is meant to prevent unjust arrests and imprisonments.

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1. Free Exercise Clause- allow and not allow

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1. Free Exercise Clause- allow and not allow

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Free Exercise Clause. Free Exercise Clause refers to the section of the First Amendment italicized here: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof... Historically, the Supreme Court has been inconsistent in dealing with this problem.

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1. What is the Court’s view of religion in school?

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1. What is the Court’s view of religion in school?

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The courts view of religion in school is that it can be practiced during students own time but not as a forced subject. School's can not make students pray as a whole or learn about a specific religion.

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The New York State Board of Regents authorized a short, voluntary prayer for recitation at the start of each school day. A group of organizations joined forces in challenging the prayer, claiming that it violated the Establishment Clause of the First Amendment. The New York Court of Appeals rejected their arguments.

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In 1971, the Supreme Court heard the case of Lemon v Kurtzman. The case is discussed in more detail on the Constitution and Religion Page. One of the results of this case is the Lemon Test. The Lemon Test is used to determine if a law violates the 1st Amendment

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The Compulsory Education Act of 1922 required parents or guardians to send children between the ages of eight and sixteen to public school in the district where the children resided. The Society of Sisters was an Oregon corporation which facilitated care for orphans, educated youths, and established and maintained academies or schools. This case was decided together with Pierce v. Hill Military Academy.

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1.  Separation of Church and State and “wall of separation”

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1.  Separation of Church and State and “wall of separation”

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"Separation of church and state" is paraphrased from Thomas Jefferson and used by others in expressing an understanding of the intent and function of the Establishment Clause and Free Exercise Clause of the First Amendment to the United States.

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1. Establishment Clause and Free Exercise Clause

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1. Establishment Clause and Free Exercise Clause

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“Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof.” The free exercise clause protects the religious beliefs, and to a certain extent, the religious practices of all citizens.

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Section 6 Freedom and Security of the Person

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Section 6 Freedom and Security of the Person

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1.   The U.S. Supreme Court ruled in the 2008 case of D.C. v. Heller that the Second Amendment protected an individual right to keep weapons at home for self-defense. Since the case involved the District of Columbia's handgun ban, the right found in the Second Amendment applied only to the national government.
2. Mapp v. Ohio, case in which the U.S. Supreme Court on June 19, 1961, ruled (6–3) that evidence obtained in violation of the Fourth Amendment to the U.S. Constitution, which prohibits “unreasonable searches and seizures,” is inadmissible in state courts.
3. Katz v. United States, 389 U.S. 347 (1967), was a landmark United States Supreme Court case discussing the nature of the "right to privacy" and the legal definition of a "search" of intangible property, such as electronic-based communications like telephone calls.
4. The right to privacy is alluded to in the Fourth Amendment to the US Constitution, which states, "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath. Yes, I do believe that woman of any age do have the right to have an abortion. I support that because it is their baby but, however if the process is not done before the 6 week mark then they should not be able to do it.

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(Emmy) Section 4 Freedom of Assembly and Petition

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(Emmy) Section 4 Freedom of Assembly and Petition

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- Assembly, Petition, and what is protected?:  The first amendment guarantees "the right of the people peaceably to assemble, and to petition the Government. The Constitution protects the right of the people to assemble to express their views. It protects their right to organize to influence, public policy etc.
- Time, Place, and Manner Rules: The government creates and enforces the rules of when and where it can take place. The state laws forbid at parades, and courthouse. One cannot make noise or any diversion near a school.
- Free Speech Zones: The government cannot limit the content of political speech, but they can limit the time and place of when a speech takes place. The zones are an attempt to balance the right of speech with the right of the public to gather and move without interference from protester. Free speeches are a controversy because people have said that it violates the right to free speech, which is the 1st Amendment.
- Demonstrations on Private Property:  Demonstrations are assemblies, but most likely take place on public property. They mostly happen on sidewalks, the street, parks or public buildings. The demonstrations happen on private property because they are not considered constitutional.
- Right of Association: The rights of Freedom of Assembly and Petition include the right of association. This is the right to join with others to promote political economic and social clause. This right is not written in the Constitution.
- Brown, 1982: After the case, it was stated that a person cannot be fired from a job because of a political association. For example, a membership in a political party.
- NAACP, 1968: This class is one of the earlier rights to associate a case. The state law required Alabama branch of the NAACP disclosed the name.