Ch 10

Question 0

Amendment II

Answer 0

The right of the people to keep & bear arms shall not be infringed

Question 1

Amendment I

Answer 1

• Can’t establish a RELIGION and freedom of RELIGION
• Freedom of SPEECH
• Freedom of PRESS
• Right to (peacefully) ASSEMBLE
• Right to PETITION the government for grievances

Question 2

Amendment III

Answer 2

• No solider shall be quartered in any house during time of peace without consent of owner
• Nor in time of war unless prescribed by law

Question 3

Amendment IV (4)

Answer 3

• No unreasonable search (people, houses, papers and effects)
• No warrants shall be issued unless probable cause
• —supported by oath or affirmation

Question 4

Amendment V (5)

Answer 4

• Secures the right to life, liberty, & property
• -innocent until proven guilty (unless in war)
• -no double jeopardy
• -can’t serve as witness against self
• -private property can’t be taken for public use

Question 5

Amendment VI (6)

Answer 5

The accused have important rights

• -the right to a speedy public—trial with jury—in state crime was committed
• -to be confronted with the witness against him
• -right to an attorney
• -can supply witnesses

Question 6

Amendment VII (7)

Answer 6

• the value of controversy must exceed 20$
• the right to a jury shall be preserved
• no fact tried by a jury shall be reexamined in any US court

Question 7

Amendment VIII (8)

Answer 7

• Excessive bail shall not be required
• Excessive fines shall not be imposed
• Cruel & unusual punishment shall not be inflicted

Question 8

Amendment IX (9)

Answer 8

-The people retain certain rights not enumerated

Question 9

Amendment X (10)

Answer 9

-Any federal right not prohibited by the constitution is given to the states & the people

Question 10

Pinkney Treaty

Answer 10

Established friendship between US & Spain

• defined boundaries
• guaranteed US navigation rights to Mississippi

Question 11

Jay treaty

Answer 11

Averted war between US and England

-withdraw of British troops

Question 12

Marbury v. Madison (1801)

Answer 12

Marbury did not receive his commission.

The court did not have original jurisdiction

The court establishes authority of judicial review and the power to determine constitutionality.

Question 13

Fletcher v. Peck (1810)

Answer 13

Private speculators bribed one court to sell them cheap land, people got angry, another court cancelled it.

Went to supreme court, it was determined that you can not pass a law that violates a contract

Question 14

McCullough v. Maryland (1819)

Answer 14

The state of Maryland attempted to destroy a branch of the national bank by imposing harsh taxes.

the Constitution grants to Congress implied powers for implementing the Constitution’s express powers, in order to create a functional national government. Second, state action may not impede valid constitutional exercises of power by the Federal government.

Question 15

Judicial Review

Answer 15

The right and responsibility of all courts in the US to pass upon the constitutionality of any public act or action by any public agent or agency when challenged.

Question 16

Dartmouth college v. Woodward 1819

Answer 16

The college had been granted a charter by King George III in 1769, but New Hampshire legislature tried to change that and make it public university

Marshall put the states in their place and ruled the original charter must stand.

Question 17

Cohens v. Virginia (1821)

Answer 17

Cohens brothers claim constitutional rights had been violated

The court has jurisdiction over the states
It supported the court but it respects the authority of the supreme court over other states.

Question 18

Gibbons v. Ogden (1824)

Answer 18

landmark decision in which the supreme court held that the power to regulate interstate commerce (granted to congress in Constitution) encompassed the power to regulate navigation.

Question 19

What does Washington advise in Farewell Address?

Answer 19

• stay away from political parties
• stay away from war
• stay away from alliances
• value the unity
• value your independence and freedom

Question 20

Supena

Answer 20

an order from a court telling someone to bring something forward

Question 21

Writ of Mandamus

Answer 21

a written order from a court directing a lower court to do something that it has a legal responsibility to do

Question 22

Writ of Certiorari

Answer 22

A written order from a higher court to a lower court directing them to send up their records on a case that has been appealed to the higher court

Question 23

Writ of Habeas Corpus

Answer 23

a court order to a person or agency holding someone in custody to deliver the imprisoned individual to the court issuing the order.