Amendments Flashcards
What are the Bill of Rights?
First 10 Amendments to the Constitution
When were the Bill of Rights passed?
Passed 2 years after the original Constitution was ratified
1st Amendment = Five Freedoms
Congress should not make a law that breaks freedom of speech, religion, press (publish), assembly (meet), and petition (address government).
2nd Amendment = GUNS
protects the right to bear arms (own a gun)
Establishment Clause (1st Amendment)
GOV cannot establish or endorse a state religion.
Free Exercise Clause (1st Amendment)
GOV cannot limit religious beliefs but can prevent certain practices.
3rd Amendment = No Quartering of Troops
- “No soldier shall, in time of peace, be quartered in any house w/o the owner”.
- We cannot be forced to house soldiers in our home.
4th Amendment = Privacy Issues
- protects people from unreasonable searches and seizes
- cops must have a warrant w/ probable cause
- evidence found w/o warrant is inadmissible in court
5th Amendment = Due Process
- protects people from unfair practices at trial
- may not be tried twice for the same crime
- don’t have to testify against yourself in court
- must be charged by a grand jury to face trial
Eminent Domain (5th Amendment)
GOV cannot take away your property for public use w/o paying you for it
6th Amendment = Court/Trial
- guarantees speedy trial
- impartial jury (does not think you are guilty)
- accused can confront witnesses against them and bring their own witnesses
- accused must be allowed to have a lawyer
7th Amendment = Civil Trials (lawsuits)
right to a civil trial (lawsuit) with a jury
8th Amendment = Crime Consequences
- no cruel AND unusual punishment (death penalty is cruel but not unusual. courts ensure a method is “humane”)
- no excessive bail or fines (courts have not made states do this)
- bail must fit crime = insurance you will return to trial = not a permanent Get Out of Jail Card
9th Amendment = Powers Reserved to People
prevents GOV from claiming that the only rights people have are listed in Bill of Rights
10th Amendment - Powers Reserved to States (Federalism)
- protects the States and the people from all-powerful federal government
- establishes that powers not given to Constitution belongs to the States or the people