Chapter 8 Amendments Flashcards
Amending the constitution is a ____-_____ process
Two-part
Name one out of two ways an amendment can be proposed
- The only way that has been used to dat is through a two-thirds majority vote in both the houses of congress
- Two-thirds of legislatures of the states can call a constitutional convention to consider one or more amendments(this 2nd method has never been used)
Define ratification of an amendment
Amendment must be approved by three-fourths of states
Which amendments are the bill of rights and when was it ratified
The first ten on December 15, 1791
What is the 1st amendment about
The rights of freedom of speech, freedom of religion, freedom of press, freedom of assembly, and freedom of petition
What is the 2nd amendment about
“A well regulated militia” as “necessary to the security of s free state”, and as explanation fir prohibiting infringement of “the right of the people to keep and bear arms”
What is the 3rd amendment about
Prohibits the government from using private homes as quarters for soldiers without the consent of the owners
What is the 4th amendment about
Guards against searches, arrests, and seizures of property without a specific warrant or a “probable cause” to believe a crime has been committed
What is the 5th amendment about
- Forbids trial for a major crime except after indictment by a grand jury
- Prohibits double jeopardy(repeated trails) except in certain very limited circumstances
- Forbids punishment without due process of law
- Provides that an accused person may not be compelled to testify against themselves(this is also known as “Taking the fifth” or “Pleading the fifth”)
- This is regarded as the “rights of the accused” amendment
- It also prohibits government from taking private property without “Just compensation”
What is the 6th amendment about
- Guarantees a speedy public trial for criminal offenses
- It requires a jury
- Guarantees the right to legal counsel for the accused
- Guarantees that the accused may require witness to attend the trial and testify the presence of the accused
- Guarantees the accused a right to know the charges against him
What is the 7th amendment about
Assures trial by jury in civil cases
What is the 9th amendment about
Declares that the listing of individual rights in the constitution and bill of rights is not meant to be comprehensive; and that the other rights not specifically mentioned are retained elsewhere by the people
What is the 10th amendment about
Provides that powers that the constitution does not delegate to the US and does not prohibit the states from exercising, and “reserved to the states respectively p, or to the people”
What is the 11th amendment about and what year was it ratified
Clarifies judicial power over foreign nationals, and limits ability of citizens to sue states in federal courts and under federal law
-1795
What is the 8th amendment about
Forbids excessive bail or fines, and cruel and unusual punishment