MCOLES Constitutional Law
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Identify and describe the United States Constitution
- Three main provisions:
- 1. Establish framework of gvernment
- 2. Delegate and assign powers of government
- 3. Restrain powers of governmental agents in order to protect individual rights
Describe relationship between the Constitution and the Bill of Rights
The founding delegates would not ratify the Constitution until the Bill of Rights was written.
Locate and describe the sections providing for the:
Legislative, Judicial, and Executive Branches
- Legislative-Article 1
- Executive-Article 2
- Judicial-Article 3
Describe ex post facto laws
Laws passed designed to punish conduct that occured before the law was passed.
Describe bills of attainder
Laws enacted naming individuals or an ascertainable group designed to punish without a trial.
Describe Procedural Due Process
- Safeguards to one's liberty, and property
- 1. Right to counsel
- 2. Right to confrontation
- 3. Miranda warnings
Describe Substantive Due Process
- -Constitutional guarntee that no person will be arbitrarily or unreasonably deprived of life, liberty, or property without the due process of law
- -Designed to protect individuals from unfair governmental power, focusing on the limits placed on government's ability to define conduct as criminal
Describe: Privacy and Equal Protection of Laws
Under the 14th Amendment, no person or class of persons shall be denied the same protection of the laws that is enjoyed by other persons or class of persons in like circumstances in their lives, liberty, property, and in their pursuit of happiness
Identify the major provisions of Michigan Constitution
- -Article 1, Section 11- MI had no exclusionary rule for certian items-Unconstitutional
- -Article 1, Section 17-Right against Self-Incrimination
- Nearly identical to US Const.
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