all the amendments to know Flashcards

1
Q

ensures freedom of speech, freedom of the press, freedom of petitioning the govt, freedom of assembly, and freedom of religion HOWEVER none of these rights are absolute and the supreme court ruled these could be limited in the interest of the public good but restrictions gotta be well defined, limited to only few instants, and justified well
- letter from a Birmingham jail
- establishment clause
cases: Schenck v us, tinker v des Moines, nyt vs us, Engle v Vitale, wisconsin v yoder
- free exercise clause
- due process clause

A

amendment 1

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2
Q

Protects citizens’ rights to keep and bear arms

  • doctrine of selective incorporation
  • McDonald v Chicago (strikes down gun control laws)
  • US v Lopez (struck down gun free zones act of 1990, court affirmed “broad lawmaking power of congress under commerce clause” but ruled that congress did not have power of firearm regulation)
A

amendment 2

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3
Q

Forbids quartering of soldiers and direct public support of armed forces

A

amendment 3

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4
Q

no unreasonable search and arrest without warrant, Places restrictions on govt agencies regarding criminal or civil procedural investigations, does much to protect an individual’s person, house, papers, and effects against unreasonable searches and seizures
When police wants to search private property they usually must first go before a judge and justify the search and if the judge is convinced there’s a probable cause (search is likely to uncover evidence of illegality) then they’ll issue a search warrant (limits where police may search and what they may take as evidence)
Exclusionary rule- evidence found by police who disregard the search warrant cannot admit it as evidence in trial
Objective good faith exception established by supreme court which allows for convictions in cases where a search wasn’t technically legal but it was conducted under the assumption it was
Inevitable discovery rule- illegally seized evidence that eventually would have been found legally is admissible for court trial
Police may conduct an immediate search if they have probable cause to believe they will find evidence of criminal activity especially if there are exigent circumstances aka reason to believe evidence will disappear by the time there is a warrant received and return but they have to prove in trial it was probable cause

A

amendment 4

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5
Q

Guarantees grand jury when a suspect is held for a capital/infamous crime
Eliminates double jeopardy (being prosecuted for the same crime many times)
Establishes the right of the govt to seize property for public use under eminent domain but ONLY if the seizure is justly compensated
Federal govt cannot deprive an individual of life liberty or property on any level unless due process of law is applied
Rights granted to the accused are a fundamental protection against govt abuse of power

  • gideon v wainwright
  • selective incorporation
A

amendment 5

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6
Q

Allows persons accused of a crime to be prosecuted by an impartial jury
Forms basis of habeas corpus - protects against unlawful imprisonment and ensures that a person cannot be held indefinitely without being formally charged before a judge or in a court or without a legal reason to extend their detention
Guarantees defendants right to a speedy trial

A

amendment 6

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7
Q

Allows for trial by jury in common law cases

A

amendment 7

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8
Q

No excessive bail or cruel and unusual punishment however govt is not required to offer bail for all defendants
Cruel and unusual punishment clause- “heart of the death penalty,” court has placed limits on when the death penalty can be applied but upholds constitutionality of the death penalty IF applied properly

A

amendment 8

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9
Q

Reaffirms principles of a limited federal govt
Rights not specifically mentioned in the Constitution are still protected ex. The right to like idk wear a dress even though it’s not explicitly stated
Bill of Rights’ IMPLIED RIGHT TO PRIVACY

  • roe v wade
A

amendment 9

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10
Q

-any rights not stated are given to states and people

A

amendment 10

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11
Q

individuals cannot sue a state in a federal court

A

amendment 11

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12
Q

separate ballot for vp and president

A

amendment 12

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13
Q
  • civil rights
  • made slavery illegal
A

amendment 13

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14
Q
  • civil rights
  • declared all persons born in the us were citizens and that all citizens were entitled to equal rights protected by the due process
  • equal protection clause
A

amendment 14

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15
Q

banned laws that would prevent african americans from voting on the basis of their race and or the fact they were previously enslaved

A

amendment 15

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16
Q
  • graduated income tax
  • progressive era
  • forms the basis of the federal income tax system. Without the amendment, Congress would not have the power to levy income taxes on individuals and corporations. The federal government would have minimal power to raise revenue to fund its operations and programs.
A

amendment 16

17
Q

popular election of senators, previously was state legislatures, giving citizens more power

A

amendment 17

18
Q

-prohibition (later repealed)

A

amendment 18

19
Q
  • women’s rights
  • women’s right to vote
  • increase voter population
A

amendment 19

20
Q

president takes office jan 20 instead of march 4(jan 20-20)

A

amendment 20

21
Q
  • prohibition repealed
A

amendment 21

22
Q

2 term presidency limit

A

amendment 22

23
Q

Washington D.C. residents can vote for president

A

amendment 23

24
Q
  • civil rights
  • outlawed poll taxes, which had been used to prevent blacks and poor whites from voting
  • brown v boe
  • increase voter population
A

amendment 24

25
Q

lays down rules of succession:
In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.

A

amendment 25

26
Q
  • 18 year olds can vote
  • civil rights
  • increase voter population
A

amendment 26

27
Q

congress cannot accept pay raise until the next term

A

amendment 27