Amendments Flashcards
1st Amendment
provides that Congress makes no law respecting an establishment of religion or prohibiting its free exercise.
protects freedom of speech, the press, the assembly, and the right to petition the Government for a redress of grievances.
2nd Amendment
right to bear arms.
4th Amendment
the right of people to be secure in their homes against unreasonable searches and seizures.
requires probable cause.
5th Amendment
guarantees that an individual cannot be compelled by the government to provide incriminating information about herself — the so-called “right to remain silent.”
Ex: Miranda Rights
6th Amendment
the accused shall enjoy the right to a speedy and public trial, the right to an attorney, and the right to an impartial jury.
ties into the exclusionary rule in which evidence found illegally during an illegal search and seizure cannot be used against the defendant during their trial.
8th Amendment
prohibits the government from using harsh penalties for criminal defendants (ex: excessive bail, excessive fines, cruel and unusual punishment)
9th Amendment
all the rights not listed in the Constitution belong to the people, not the government.
10th Amendment
the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
14th Amendment
no State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of life; nor deny to any person within its jurisdiction the equal protection of the laws.
Which amendments guarantee the right to privacy?
First, third, fourth, fifth, ninth, and fourteenth implicitly guarantee the right to privacy (it is never explicitly stated in the Constitution).
In which amendments is due process outlined?
5th and 14th Amendments
The 6th Amendment adds due process protections to criminal defendants.
