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Amendments > Amendments > Flashcards

Amendments Flashcards

1
Q

Amendment one

A

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or of the right of the people peaceably to assemble, and to petition the government for a redress of grievances

  1. no establishing or prohibiting religion
  2. no stopping freedom of speech of people and press
  3. people can assemble and petition
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2
Q

Amendment two

A

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed

  1. militia allowed if necessary
  2. right to bear arms
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3
Q

Amendment three

A

No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law

  1. no forcing the housing of soldiers
  2. housing during war can only happen through process of law
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4
Q

Amendment four

A

The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probably cause, supported by Oat or affirmation and particularly describing the place to be searched, and the persons or things to be seized

  1. no unreasonable searches and seizures
  2. no warrants without reason and proper explanations and description
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5
Q

Amendment five

A

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation

  1. the right to a formal charge by the grand jury before any charges and crimes
  2. no double jeopardy – being prosecuted for same crime
  3. a right against forced self-incrimination where you provide information that suggest involvement in a crime
  4. a guarantee to a fair trial
  5. government can not seize private property without proper compensation
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6
Q

Amendment six

A

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, but an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense

  1. Right to speedy, public trial
  2. right to impartial jury, right to a lawyer
  3. right to know who your accusers are and what the charges and evidence are against you
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7
Q

Amendment seven

A

In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law

  • the right to a jury trial in a civil case
  • distinguishes civil claims that need trial by jury vs claims and issues needing only a judge.
  • the court’s responsibility is the decide matter of law, and the jury’s responsibility is deciding matters of fact.
  • federal civil courts have no application to civil courts in states when the dispute is over state law
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8
Q

Amendment eight

A

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted

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9
Q

Amendment nine

A

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people

-there are other rights outside those specifically listed in the Constitution

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10
Q

Amendment ten

A

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

-rights not given to the federal government are given to the states
-defines “federalism,” the relationship between federal and state gov’t

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11
Q

Amendment eleven

A

The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.

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12
Q

Amendment twelve

A

The Electors shall meet in their respective states and vote by ballot for President and Vice-President…

  • mandates that a distinct vote is taken for president and vice president
  • electoral college modified
  • with a tie, the House of Representatives chooses the President and the Senate chooses the Vice President
  • establishes that newly elected vice president handles presidential responsibilities in the inbetween stage when a president candidate gets chosen by congress. Inauguration Day is Jan 20
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13
Q

Amendment thirteen

A

Section 1
Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction

Section 2
Congress shall have power to enforce this article by appropriate legislation

-abolishes slavery

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14
Q

Amendment fourteen

A

I. state actions (cannot have laws that limit privileges or immunities of any citizen), privileges and immunities, citizenship (given to birth to all individuals born in the US), due process (applies due process explicitly to states), and equal protection (all citizens of the US are guaranteed equal protection under law)
States must treat all citizens fairly
II. Deals with apportionment of representatives to Congress
Representatives based off population in state
III. Forbids anyone who participates in “insurrection or rebellion” against the United States from holding federal office. But congress can vote to remove that status
IV. Addresses federal debt and refuses to acknowledge debts accrued by the Confederacy
V. Expresses authority of Congress to enforce the 14th amendment “by appropriate legislation”

  • equal protection under constitution for all United States citizens
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15
Q

Amendment fifteen

A

I. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude
II. The Congress shall have the power to enforce this article by appropriate legislation

  • no voting discrimination of race
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16
Q

Amendment sixteen

A

The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration

  • income tax is legal
17
Q

Amendment seventeen

A
  • The Senate of the United States shall be composed of two Senators from each State…for six years
  • each Senator has one vote
  • executive authority of state can temporarily fill in vacancies in senate if legislative allows for it until the people directly elect
  • this amendment shouldn’t affect Senators before its becomes part of constitution
  • popular vote for United States Senate
18
Q

Amendment eighteen

A

I. After one year…the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited
II. The Congress and the several States shall have concurrent power to enforce this article by appropriate legislation
III. This article shall be inoperative unless it shall be ratified as an amendment to the Constitution by the legislatures of the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress

  • prohibition of alcohol
19
Q

Amendment nineteen

A

The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex.
Congress shall have power to enforce this article by appropriate legislation

  • women’s right to vote
20
Q

Amendment twenty

A

I. President and VP term ends Jan 20, noon. Congress terms end Jan 3
II. Congress should meet at least once a year beginning at Jan 3
III. If Prez elect dies, VP elect immediately takes over. VP elect can act as president if president elect is unqualified. Congress has say if both Prez and VP are deemed unqualified
IV. If president or VP dies, Congress has authority to select replacement. If no prez or VP gets majority electoral votes, House can choose Prez and Senates chooses VP
V. One and two begins 15th day of October following the ratification of this article
VI. Article invalid until ratified with 3/4 state legislatures within seven years of submission

  • moving of dates for terms of presidency…
21
Q

Amendment twenty one

A

I. Eighteenth amendment is repealed
II. The transportation or importation into any State, Territory, or Possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited
III. This article shall be inoperative unless ratified as an amendment by several states within seven years of submission

  • repeal of prohibition of alcohol
22
Q

Amendment twenty two

A

I. Anyone elected president twice can not be elected president again. Someone who fills an unexpired prez term for more than two years is also prohibitive from being elected prez more than once. Article does not apply to officials when this article was proposed
II. Article needs to be ratified with 3/4 support within 7 years

  • limits the terms Presidents can serve
23
Q

Amendment twenty three

A

I. The District constituting the seat of gov’t shall appoint in such manner as Congress may direct: A number of electors of Prez and VP equal to the whole number of Senators and Representatives in Congress to which the District would be entitled if it were a state, but in no event more than the least populous State; they shall be in addition to those appointed by the States, but they shall be considered, for the purposes of the election of President and VP, to be electors appointed by a State; and they shall meet in the District and perform duties as provided by the twelfth amendment
II. Congress has power to enforce this

  • Washington DC have the right to vote for President
24
Q

Amendment twenty four

A

I. The right of citizens of the United States to vote in any primary or other election for President or VP, for electros for Prez or VP or for Congress, shall not be denied or abridged by the US by reason of failure to pay poll tax or other tax
II. Congress has power to enforce this

  • no poll taxes allowed
25
Q

Amendment twenty five

A

I. VP becomes prez if president dies or resigns
II. Prez nominates VP who is confirmed by majority from both Houses of Congress if needed
III. If president declares unable to continue his duties, the power will be given to VP as acting president unless prez writes otherwise
IV. If VP and majority of executive or Congressional department declares president unable to do this duties, the power will transmit to Prez unless prez writes that no inability exists. Then if VP and majority again asserts otherwise, Congress shall step in within 48 hours within 21 days or whenever possible to determine through 2/3 vote.

  • the succession for presidency shall happen to the President
26
Q

Amendment twenty six

A

I. the right of citizens of the United States, who are eighteen of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age
II. Congress has power to enforce this

  • the minimum voting age is 18
27
Q

Amendment twenty seven

A

No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of representatives shall have intervened

  • congress cannot get a pay raise until the next term

Amendments (1 decks)

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