Flashcards in Amendments Deck (29)
Bill of Rights
1. Free Speech, Press, Religion (Establishment and Free Exercise), Assembly
2. Right to Bear Arms
3. No Forced Quartering of Troops in Homes
4. No Unreasonable Searches/ Seizures
5. Right to Due Process, Grand Jury, No Double Jeopardy, No Self-Incrimination (remain Silent)
6. Right to Counsel and Speedy Public Trial
7. Right to a Trial by Jury in Federal Civil Cases
8. No Excessive Punishments, Bail, Fines
9. Rights not Enumerated are Retained by the People
10. Powers not Delegated to Congress or Prohibited to States Belong to the States or the People
prevents the government from making laws which respect an establishment of religion, prohibit the free exercise of religion, or abridge the freedom of speech, the freedom of the press, the right to peaceably assemble, or the right to petition the government for redress of grievances.
protects the right of the people to keep and bear arms and was adopted
places restrictions on the quartering of soldiers in private homes without the owner's consent, forbidding the practice in peacetime.
prohibits unreasonable searches and seizures. warrants must be issued by a judge or magistrate, justified by probable cause, supported by oath or affirmation, and must particularly describe the place to be searched and the persons or things to be seized
felonies are tried only upon indictment by a grand jury, provides the right of defendants to be tried only once in federal court for the same offense, right of an individual to not serve as a witness in a criminal case in which they are the defendant. witnesses decline to answer questions where the answers might incriminate them, no person shall "be deprived of life, liberty, or property, without due process of law." in a federal court,
grants criminal defendants the right to a speedy and public trial by an impartial jury consisting of jurors from the state and district in which the crime was alleged to have been committed, impartial jury, witnesses, counsel
right to a jury trial in federal civil cases and inhibits courts from overturning a jury's findings of fact.
prohibits the government, from imposing excessive bail, excessive fines, or cruel and unusual punishments, in any part of the US, on US property (i.e. a US embassy), or against any US citizen, or any resident of the US.
rights are retained by the people if they not specifically enumerated in the Constitution
Ninth Vs Tenth Amendment:
The Ninth Amendment offers a constitutional safety net, intended to make it clear that Americans have other fundamental rights beyond those listed in the Bill of Rights. The Tenth Amendment was included in the Bill of Rights to preserve the balance of power between the federal government and the states.
The federal government possesses only those powers delegated to it by the United States Constitution. All remaining powers are reserved for the states or the people.
restricts the ability of individuals to bring suit against states in federal court.
provides the new procedure for electing the President and Vice President.
abolished slavery and involuntary servitude, except as punishment for a crime.
broad definition of citizenship, prohibits state and local governments from depriving persons of life, liberty, or property without due procedure (incorporation).
federal government and each state from denying a citizen the right to vote based on that citizen's "race, color, or previous condition of servitude".
levy an income tax without apportioning it among the states on the basis of population.
popular election of United States Senators by the people of the states.
prohibition of "intoxicating liquors" in the United States.
prohibits the states and the federal government from denying the right to vote to citizens of the United States on the basis of sex.
moved the beginning and ending of the terms of the president and vice president from March 4 to January 20, and of members of Congress from March 4 to January 3
repealed prohibition of alcohol (18th)
presidential term limits
District of Columbia can vote for presidential elections
Abolished Poll Tax
Clarifies Presidential succession and disability.
Cannot use age as a reason for denying the right to vote to citizens of the United States who are at least eighteen years old.