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US Constitution study guide: Difference between revisions

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* "seizure" of a person = arrest or detention}}'''.
* "seizure" of a person = arrest or detention}}'''.


===Amendment 5===
=== Amendment 5 [legal protections, due process & takings clause ===


'''{{#tip-text:Fifth Amendment overview|Fifth Amendment:
'''{{#tip-text:Fifth Amendment overview|Fifth Amendment:
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** ex., one's right to hold a job or a right to privacy
** ex., one's right to hold a job or a right to privacy
** substantive due process is problematic in that it involves Court "creation" of rights not in laws drawn by the Constitution or legislatures}}'''; nor shall private property be '''{{#tip-text:taken for public use, without just compensation|"Just Compensation Clause"
** substantive due process is problematic in that it involves Court "creation" of rights not in laws drawn by the Constitution or legislatures}}'''; nor shall private property be '''{{#tip-text:taken for public use, without just compensation|"Just Compensation Clause"
* also known as the "Takings Clause"
* = the government may seize property for "public use"
* = the government may seize property for "public use"
** i.e., to build a park or a road
** i.e., to build a park or a road
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** however, "Kelo" is Federal law and has allowed for a "broad" or "expansive" interpretation of what constitutes "public use"}}'''.
** however, "Kelo" is Federal law and has allowed for a "broad" or "expansive" interpretation of what constitutes "public use"}}'''.


===Amendment 6[ ]===  
===Amendment 6 [trial and court protections]===  


{{#tip-text:  
{{#tip-text: asdf|asdf
}}'''


In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial,===  
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial,===