US and Nevada Constitutions & Amendments

• The main purpose of the United States Constitution is to establish a new government for the United States and designate its powers and limits.
• The main purpose of the Nevada Constitution is to establish the basic structure of the state's government.
• "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of people to peaceably assemble, and to petition the Government for a redress of grievances" refers to the First Amendment
• “Rights to bear arms: A well-regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed" refers to the Second Amendment.
• "Rights of Accused persons: No persons shall be held to answer for capital, or otherwise infamous crime unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces or in the Military when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice in jeopardy of life or limb; nor shall be compelled in any case (crime) to be a witness against himself nor have his property taken for public use without compensation" is not laid out in the Fourth Amendment.
• "Right of a person accused of a crime. Right to a speedy trial: In all criminal prosecutions, the accused shall enjoy the right to a speedy trial and public trial, by an impartial jury of the senate and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witness against him; to have compulsory process for obtaining witness in his favor, and have the assistance of counsel for his defense" refers to the Sixth Amendment.
• "Prohibition of Unreasonable Search & Seizure: 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, support by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized" refers to the Fourth Amendment.
• Privacy is not a right explicitly protected by the First Amendment
• The First Amendment prohibits government officials from establishing an official religion and restricts government officials from interfering with an individual's exercise of his or her religious beliefs.
• The Second Amendment protects the right to keep and bear arms.
• “A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed" is the correct text of the Second Amendment.
• A police officer noticing that there is a cloud of smoke in your car, after which he demands to inspect the inside of your car for illegal substances is protected by the expectation of privacy.
• It is called double jeopardy when a person cannot be tried for the same crime more than once.
• Due process means that people have the right to a fair trial.
• Miranda warning is the statement that officers must tell people before they are questioned after they have been taken into custody and prior to interrogation.
• 'Taking the fifth' means that someone doesn't have to testify against themselves or provide statements that may incriminate them.
• Eminent domain is what it is called when the government can take your property to convert to public use or during a seizure.
• The Sixth Amendment guarantees a trial by jury for all-felony cases.
• Under the Sixth Amendment, accused persons have the right to request a witness to appear in court
• The Fourteenth Amendment guaranteed that everyone born or naturalized in the United States and under its jurisdiction would be a United States citizen.
• The Fourteenth Amendment does not allow the states to abridge the privileges or immunities of any citizen.
• Privileges and Immunities Clause is designed to prevent states from discriminating against out of state citizens.
• The Due Process Clause guarantees fairness to all individuals.
• The Equal Protection Clause does not refer to the fact that only certain citizens of the United States are guaranteed equal protection under the laws of the United States.
• “No person...shall be compelled in any criminal case to be a witness against himself” Fifth Amendment.
• The Supreme Court case Miranda v Arizona established the Miranda Warning requirement.
• The Miranda Warning requirements only apply if they are in Custodial Interrogation
• In addition to providing the Maranda Warning, the peace officer must ensure the suspect understands those rights and signs a valid waver prior to proceeding
• A person is “in custody" as it pertains to the Miranda Warning when he/she during formal arrest and is Subjected to the kinds of restrains associated with a formal arrest.
• A person is not being interrogated when he/she is being asked booking questions during the intake process at the jail.

This lesson covers the main purposes of the United States and Nevada Constitutions. It also defines the first two amendments: The First amendment which is freedom of speech, religion and press, and the Second Amendment about the right to bear arms.