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BILL OF RIGHTS-- First Amendment - 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 the people peaceably to assemble, and to petition the Government for a redress of grievances.-- Second Amendment -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-- Third Amendment - No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law-- Fourth Amendment - 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, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.-- Fifth Amendment - No person shall be held to answer for any 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 Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.--Sixth Amendment - In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district where in 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 witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.-- Seventh Amendment - In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re examined in any court of the United States, than according to the rules of the common law-- Eighth Amendment - Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted-- Ninth Amendment - The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people--Tenth Amendment - The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people--.
Taking the Fifth-A Criminal Law Blog
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  • JUDGE GRANTS TEMPORARY RESTRAINING ORDER PREVENTING ARIZONA’S ANTI-IMMIGRANT BILL FROM TAKING EFFECT

    U.S. District Judge Susan Bolton issued an order restraining the State of Arizona from enforcing significant parts of Arizona’s new restrictive law criminalizing and limiting the activity of illegal immigrants. The order prohibits the enforcement of provisions that: require officers to make a reasonable attempt to determine the immigration status of a person stopped, detained or arrested if there is a reasonable suspicion that the person is unlawfully present in the United States, and requiring verification of the immigration status of any person arrested prior to releasing that person; creating a crime for the failure to apply for or carry alien registration papers; creating a crime for an unauthorized alien to solicit, apply for, or perform work; and authorizing the warrantless arrest of a person where there is probable cause to believe the person has committed a public offense that makes the person removable from the United States.

    The court found that these sections of the law are most likely preempted by Federal law and that the government is likely to succeed in have these sections found to be unconstitutional. Furthermore it found that the failure to issue a temporary restraining order banning these sections would result in irreparable harm to the Federal government.

    While the judge refused to grant a restraining order regarding other sections of the bill and the Federal government did not challenge all of the section, Thus some sections will go into effect today the granting of the restraining order was seen as an important if temporary step by those who oppose the bill,