Amendments Flashcards
(14 cards)
1st Amendment
Protects freedom of religion, speech, press, assembly, and petition. Key clauses include the Establishment Clause (prohibits government-sponsored religion, as in Engel v. Vitale) and the Free Exercise Clause (protects religious practices, as in Wisconsin v. Yoder). It also protects freedom of speech and symbolic speech (Tinker v. Des Moines, Schenck v. United States) and limits prior restraint (New York Times v. U.S.). This amendment is central to debates over civil liberties.
2nd Amendment
Guarantees the right to keep and bear arms. While it has no named clauses, it’s been interpreted to apply to individuals, not just militias. In McDonald v. Chicago, the Court ruled that this right applies to state and local governments through the 14th Amendment. It’s a cornerstone of ongoing debates over gun control.
4th Amendment
Protects against unreasonable searches and seizures. Key elements include the Warrant Clause, which requires probable cause for search warrants. It’s closely tied to the Exclusionary Rule, which bars unlawfully obtained evidence (notably reinforced in later cases). Issues like warrantless searches and metadata collection relate to modern interpretations of this amendment’s privacy protections.
5th Amendment
Ensures protection against self-incrimination, double jeopardy, and guarantees due process and compensation for eminent domain. The Due Process Clause ensures fair treatment under the law and links to the Miranda Rule (warnings given before interrogation, as established in Miranda v. Arizona, closely tied to Gideon v. Wainwright). It protects individual rights in the justice system and is central to fair trial procedures.
6th Amendment
Guarantees the rights of criminal defendants, including the right to a speedy and public trial, an impartial jury, to be informed of charges, to confront witnesses, to compulsory process for obtaining witnesses, and the right to legal counsel. In Gideon v. Wainwright, the Court held that states must provide attorneys to defendants who cannot afford them. This amendment ensures fairness and representation in criminal trials.
7th Amendment
Guarantees the right to a jury trial in federal civil cases where the value exceeds twenty dollars. While not often central in modern constitutional debates, it upholds the role of juries in civil justice. It hasn’t been a focus in the Supreme Court cases listed above.
8th Amendment
Prohibits excessive bail and fines, and bans cruel and unusual punishment. This clause is often cited in death penalty debates and prison condition cases. While not directly connected to the major cases listed, it plays a large role in defining humane treatment under the law.
10th Amendment
any powers not delegated to the federal government is for the states
14th Amendment
Provides citizenship and guarantees equal protection and due process under the law. The Citizenship Clause defines national citizenship, the Due Process Clause applies rights to the states (used in Gideon v. Wainwright, McDonald v. Chicago), and the Equal Protection Clause was key to Brown v. Board of Education. It’s the main vehicle for selective incorporation, which makes most Bill of Rights protections apply to the states.
15th Amendment
prohibits the federal government and each state from denying or abridging the right to vote based on race, color, or previous condition of servitude
17th Amendment
voting age 21 –> 18
19th Amendment
women’s suffrage
22nd Amendment
max of two terms for president
24th Amendment
no poll tax
