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What is the main idea of the Second Amendment?
Guarantees the right to bear arms; debate centers on public safety vs. individual rights.
What is the main idea of the Fourth Amendment?
Protects against unreasonable search and seizure; requires probable cause for a warrant.
What is the main idea of the Eighth Amendment?
Prohibits cruel and unusual punishments; debated in the context of the death penalty.
What is the significance of 'excessive bail' in the 8th Amendment?
Bail set at a figure higher than an amount reasonably calculated to assure defendant's appearance at trial.
What is the significance of 'excessive fines' in the 8th Amendment?
Fines that are so high that they are considered cruel and unusual.
What does 'unreasonable search and seizure' mean?
Search and seizure conducted without a warrant or probable cause.
What is the relationship between the 4th Amendment and privacy?
The 4th Amendment protects individual privacy from government intrusion.
How does the 2nd Amendment relate to self-defense?
Some interpret the 2nd Amendment as guaranteeing the right to own firearms for self-defense.
What is the collective rights interpretation of the Second Amendment?
The Second Amendment protects the right of states to maintain militias.
What is the individual rights interpretation of the Second Amendment?
The Second Amendment protects the right of individuals to own firearms for self-defense.
What is the significance of *District of Columbia v. Heller*?
Affirmed the individual right to bear arms for self-defense in the home.
What is the significance of *McDonald v. City of Chicago*?
Applied the Second Amendment to the states via the Fourteenth Amendment.
What is the significance of *Mapp v. Ohio*?
Established the exclusionary rule, preventing illegally obtained evidence from being admissible in court.
What is 'strict scrutiny'?
A legal test for laws restricting fundamental rights; must be narrowly tailored and serve a compelling state interest.
What is 'intermediate scrutiny'?
A legal test for laws regulating conduct of lesser importance than fundamental rights; must serve an important government interest and be substantially related.
What is the 'balancing test'?
A legal test that weighs individual rights against the government's interest in regulation.
What is the 'clear and present danger' test?
A legal test for speech that incites or creates a risk of imminent lawless action.
Define 'probable cause'.
Reasonable grounds for making a search, pressing a charge, etc.
What is the 'exclusionary rule'?
Illegally obtained evidence is inadmissible in court.
What is 'fundamental right'?
Rights guaranteed to all people in a nation or state.
Define 'imminent lawless action'.
Speech or action that is likely to produce lawless conduct.
What is 'narrowly tailored'?
Law should be specific and not overly broad.
Define 'compelling state interest'.
Government interest of the highest order.