Lecture notes for 3/12/99

2nd amendment:  The Right to Bear Arms
     -government must be able to defend itself
     -the founders believed that in order to form an army, the right to bear arms must be
          established
          -if a war becomes necessary back then, the government would be able to call on
               people with guns to build an army quickly

3rd amendment:  Quartering of Soldiers
     -this amendment is no longer an issue

4th amendment:  Searches and Seizures
     -concerned with federal agencies (each agency has its own police power)
     -all aspects in terms of search and seizure must consider the people's right to
          privacy
     -Exclusionary rule
          -Mapp vs. Ohio (1961)
               -the police, while in search of a fugitive, finds obscene material in
                    Mapp's house and prosecutes Mapp for this reason
               -Issue of case:  does the obscene evidence found outside the boundaries of 
                    the warrant violate her privacy and the 4th amendment?
                    -Answer: yes
     -the amendment also determines whether a certain case can even be deliberated on
     -the initial step of finding out if the evidence held against a person is real
          and true protects the person from being arrested and tried without cause

5th amendment:  Protection against self-incrimination
     -No Double Jeopardy:  you cannot be tried twice for a crime on the same evidence
     -the amendment protects a person from seizure of property
          -even if a person is convicted, his assets and belongings can't be seized
               or confiscated without just cause

see pages 517-518 for the Bill of Rights