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Government > Admendments I-X > Flashcards

Admendments I-X Flashcards

first ten admendments

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1
Q

What is the first Amendment?

A

Freedom of expression

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2
Q

What is the freedom of religion under the first amendment?

A

Congress cannot establish any church or denomination as a state-sponsored church.

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3
Q

What are some ways that judges interpret the freedom of religion?

A

~Expression of religion is prohibited in public forms
~Religious motivations are prohibited in public forms
~When religion and civil rights meet, civil rights always wins.

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4
Q

What are the limitations under the freedom of speech?

A

Slander (Verbal defamation)
Libel (Written defamation)
No speech advocating the violent overthrow of American government

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4
Q

What are the rights listed under the first amendment?

A

~Religion
~Speech
~Press
~Assembly
~Petition

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4
Q

What are the limitations under the freedom of the press

A

the same as speech

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5
Q

The only valid defense against the false accusations of libel/slander is_________!

A

the truth

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5
Q

Assembly must be _______!

A

peaceful

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6
Q

What is the freedom to petition?

A

the right to petition the government with grievances

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7
Q

What is the second amendment?

A

The right to bare arms

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8
Q

Congress is forbidden from infringing on a citizen’s right to keep _______

A

weapons

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9
Q

What are the two reasons Congress cannot infringe on this amendment?

A

~to ensure that state militias could continue
~to ensure that individuals had a right to own firearms

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10
Q

What is Amendment III

A

No quartering of troops

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11
Q

What is the one exception to Amendment 3.

A

Times of war but a law must be passed first. (Civil war)

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12
Q

What is Amendment IV?

A

No unreasonable searches or seizures

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13
Q

How can a warrant be obtained?

A

~If there is probable cause confirmed by police officers under oath or affirmation before a judge
~It must contain a description of the place to be searched or of the person/things to be searched.

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14
Q

What are the first 10 amendments called?

A

the bill of rights

15
Q

What is Amendment V?

A

The rights of the accused person

16
Q

What is the definition of a grand jury?

A

A panel of citizens who considers the prosecutor’s case against the accused to decide if there is sufficient evidence to bring the case to court.

17
Q

What is it called when the grand jury says there is/isn’t enough evidence to bring one to court?

A

indictment/no indictment

18
Q

The testimony in a grand jury is ______

A

sealed

19
Q

When is a grand jury required?

A

Cases of capitol or serious crimes (except armed services in times of war)

20
Q

What does double jeopardy mean?

A

you can’t be tried twice for the same crime if there has been a court decision)

21
Q

What is pleading the fifth?

A

You don’t have to give evidence against yourself.

22
Q

You cannot be imprisoned, executed, or have property taken without a __________

A

fair trial

23
Q

What is eminent domain?

A

Private property can be taken for public use, but the owner must be given fair compensation.

24
Q

What is amendment VI?

A

Rights of the accused in criminal trials

25
Q

Everyone has the right to a _____ and _____ trial.

A

speedy; public

26
Q

What are the rights of accused in a criminal trial?

A

~Knowing the charges against you
~Face the accuser and witnesses against you
~Right to an attorney

27
Q

What is a subpoena?

A

a document requiring a witness to appear

28
Q

What is Amendment VII?

A

Right of civilians in a civil trial

29
Q

What is a civil trial?

A

a case involving money or property over $20

30
Q

What is amendment VIII?

A

No cruel, unsual, or unjust punishments

31
Q

Bail may be required but not ________

A

excessive

32
Q

What is defined as a cruel or unusual punishment?

A

anything causing physical or mental anguish

33
Q

In some states, what do they want to ban because it’s considered “cruel”?

A

solitary confinement

34
Q

What is Amendment IX?

A

Unspecified rights of the people?

35
Q

What is Amendment X?

A

Reserved rights of states or the people.

36
Q

What are “implied powers”?

A

The necessary and proper clause.

37
Q

What is amendment IV based off of?

A

The writ of assistance

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