The U.S. Constitution Flashcards
(36 cards)
What are the 5 rights the First Amendment gives you?
Religion
Assembly
Petition
Press
Speech
About the religion portion of the 1st amendment
-No Official religion of the U.S.
-Freedom to practice any religion
-cannot infringe on someone else’s right
-church & state are separated.
About the assembly portion of the 1st amendment
-right to organize ot take part in a peaceful assembly/protest
-Freedom of association
-peaceful & permits (time, place, restricted by the GOV.)
-hecklers veto. Ability of a hostline bystander to end a peaceful assembly.
About the petition portion of the 1st amendment
-Can express problems with the government, for example, lobbying, letter-writing, e-mail, campaigns, testifying, and filing lawsuits.
About the press portion of the 1st amendment
News outlets cannot be censored, and the government cannot tell the media what to write or say. However, the government can punish the author/publisher after publication.
About the Speech portion of the 1st amendment
-clear and present danger speech that would cause immediate danger, or incites others to illegal action. “yelling fire” (making threats, fighting words)
-Speech that portrays sex or nudity that is not generally accepted by society’s standards
-slander: False statements that can hurt someone’s reputation.
2nd amendment
The right to bear arms
states’ rights under the 2nd Amendment
-States can establish militias like the National Guard in order to keep their populations safe.
Individual rights under the 2nd amendment
-Everyone has the same right to buy a gun and use it for lawful purposes.
3rd amendment
-cannot house soldiers against your will in normal times.
4th Amendment
-No unreasonable search and seizures
1. probable cause
2. search warrant
3. Reasonable and specific
-search someone without probable cause
-needing a search warrant
-Arrest someone without probable cause
Search and Seizures
-stop and frisk
-airport seacher
-sobriety checkpoint
-consent searches
-drug testing
-Student searches
-If the search is illegal, everything that is found will be inadmissible to the court.
Exeptions
- Search incident to lawful arrest- Police can lawfully arrest the person and search the surrounding area
- plain view
- Hot Pursuit
- Automobiles
- Exigent circumstance or fire in the house/car
- “acting in good faith”
5th Amendment parts
- You must be told of all your crimes before trial
- No double jeopardy
- The government must pay fairly for the land taken
- A person’s rights cannot be taken away without a trial
- no self-incrimination (right to remain silent)
6th Amendment
-Speedy and fair trial
An impartial, fair jury trial in a criminal case
-Be told what you did wrong, in accordance with a specific law.
-Face and question the witnesses against you
7th Amendment
A civil trial of 20 dollars or more may have a jury in certain civil cases
8th Amendment
-No cruel and unusual punishment
-punishment must fir the crime
-No excessive bail
9th Amendment
-people power
-All the rights not listed in the constitution belong to the people, not the gov.
10th Amendment
-states rights
-says powers not written in the Constitution are given to states
11th Amendment
-The states are shielded from suits brought by citizens of other states or foreign countries
12th Amendment
-Electing the president and V.P.
13th Amendment (1865)
-officially outlawed slavery in the U.S.
14th Amendment (1868)
-This amendment defines a U.S. citizen as anyone “born or naturalized in the U.S.”
-This amendment also requires every state to grant its citizens “equal protection under the laws” (equal protection clause)
-This Amendment also forbids state governments from interfering with the “privileges or immunities of the citizens under U.S. law.”
15th Amendment (1870)
-No state can take away a person’s right to vote based on race or color.
