ARTICLE 3:BILL OF RIGHTS

*Composed of 22 sections
-Protection against abuse of power and limits the vast powers of the governments.
-Directed against State and does not govern the relationship between private persons.
-Rights are not absolute, meaning, they have limitations in their exercise.

SECTION 1. No person shall be deprived of life, liberty, or property without due

process of law, nor shall any person be denied the equal protection of the laws.

-What is Due Process?

+According to Danile webster, It is a “Law which hears before it condemns;which
proceeds upon enquiry, and renders judgement only after trial.”
-It contemplates notice and opportunity to be heard before judgement is rendered.

- LIFE,LIBERTY OR PROPERTY
+The constitution gives the property the same degree and quality of protection that it
gives to life and liberty.
“You take my life, when you do take the means whereby I live.” - SHYLOCK
+One’s employment, profession or trade is a protected property.

+The right to DUE PROCESS OF LAW

+The right to EQUALITY UNDER LAW.

Explanation:
There are 3 rights mentioned under this constitution, first is the right to life, this means
that
nobody including the government can try to end your life. This also talks about the
quality of life.
Second, the right to liberty or the right to be free. Third, the right to property, this means
that you have the right own anything without any threat being faced. These three rights
cannot be taken away from you without DUE PROCESS.
So, what is due process? it is a requirement that legal matters must be resolved
according to established rules and principles.

for example: other due process, individuals cannot have their property seized or they
cannot be put in jail without first going through the legal system. To determine if they are
guilty of the crime. Also included in this section is the equal protection of laws.
This means that the government must treat similarly situated individuals in the same
manner. This protection covers all citizens including the aliens of a country.

for example: everyone earning an income is taxed. The tax rates are based on the
same standards for person's that are similarly situated

LIMITATION OF THE RIGHT:

Life- When the law imposes the death penalty.

Liberty:Imprisonment of convicted criminals

Property:When the power of eminent domain is exercised by the government.

SECTION 2. The right of the people to be secure in their persons, houses, papers, and

effects against unreasonable searches and seizures of whatever nature and for any

purpose shall be inviolable, and no search warrant or warrant of arrest shall issue

except upon probable cause to be determined personally by the judge after examination

under oath or affirmation of the complainant and the witnesses he may produce, and

particularly describing the place to be searched and the persons or things to be seized.

*What is a search warrant and warrant of arrest?

SEARCH WARRANT WARRANT OF ARREST

-Issued only by a judge -issued

-Issued upon probable cause

-Expires in 10 days
-It must particulary described the place to be

searched and the things to be seized

-Must be issued for only 1 offense.

● + Protection against UNWARANTED SEARCHES and ARRESTS.

● +Basis of warrants: PROBABLE CAUSE.

● +Warrants must always be SPECIFIC.