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Civics > Amendments 2-8 > Flashcards

Amendments 2-8 Flashcards

0
Q

Which amendment hasn’t been Incorporated, and states: 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

A

Amendment 2

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1
Q

What are Amendments 2-8 about?

A

Rights of the accused

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2
Q

What does amendment 2 state?

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

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3
Q

Which amendment was unclear about who has rights to bear arms?

A

Amendment two

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4
Q

Who controls gun ownership?

A

States, but there are a few national restrictions

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5
Q

What is the Brady Bill

A

An unfunded mandate requiring a log and background check of everyone who has bought a gun. It is no longer observed, because it is an unfunded mandate

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6
Q

What does the fourth amendment cover

A

No improper search and seizures, no arrest without probable cause, evidence obtained by illegal search is not admissible during trial

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7
Q

What is the Fifth Amendment about

A

Right to remain silent, no self-incrimination during arrest or trial, right to grand jury, no double jeopardy

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8
Q

What is the sixth amendment about

A

Right to be informed of charges, right to counsel, right to a speedy and public trial before an impartial jury, right to confront witnesses

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9
Q

What is the eighth amendment about

A

No excessive bail, no cruel and unusual punishment

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10
Q

What does article 1 section 9 State

A

You have a right to an open trial before Judge

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11
Q

What is the 14th amendment

A

Due process cannot be denied

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12
Q

What are the two kinds of due process

A

Substantive due process, and procedural due process

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13
Q

What is substantive due process?

A

First, is it a good law or bad law? Second, is the good law being applied fairly?

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14
Q

You are denied due process if:

A

you’re forced to obey an unfair law

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15
Q

What is procedural due process?

A

First, is it a good law or a bad law? Second, is the good law enforced fairly?

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16
Q

What is police power?

A

The actions of the state to protect public safety, public morals and general welfare. Allows the government to do stuff, and it’s supposed to be what government is based off of

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17
Q

What do you lose a little bit of every time there’s a new law?

A

Liberty

18
Q

What are some examples of laws under the police power?

A

The right to set blood alcohol content limits, the right to regulate alcohol and tobacco laws, the right to regulate seatbelts and helmets for motorcyclists, the right to restrict prostitution and gambling

19
Q

What is Louisiana’s gambling law?

A

Gambling is illegal, but “gaming” is not

20
Q

What can the police power not be?

A

Arbitrary, enforced unreasonably, or violate the fourteenth amendment

21
Q

What amendment is search and seizure under

A

Fourth

22
Q

What is search and seizure?

A

The right of a person to be secure in home person papers and effects. In other words you have a right to privacy

23
Q

What does the 9th amendment state?

A

There are unwritten rights besides those listed. The biggest one is privacy

24
Q

What can’t states make laws against?

A

Assisted suicide

25
Q

When is assisted suicide legal?

A

When someone is in a coma

26
Q

What is a bond ensuring appearance in court?

A

Bail

27
Q

What is something punishable by death?

A

Capital offense

28
Q

What is not considered cruel and unusual punishment?

A

The death penalty

29
Q

Where does the US rank in usind the death penalty and juvenile death penalty?

A

4 and #6

30
Q

Is the death penalty the norm in the world?

A

No, it is unique in the West

31
Q

Why does death penalty cost more than life in prison?

A

The death penalty appeals process takes more than 10 years

32
Q

What is bail

A

A bond used to ensure appearance at court

33
Q

What is a capital offense

A

Something punishable by death

34
Q

What is double jeopardy

A

When you’re charged with the same thing twice

is protected by the Fifth Amendment

35
Q

What is due process

A

It means fairness, and was mentioned in the constitution but not define

36
Q

What is eminent domain

A

When the state takes private property for public good

37
Q

What is the exclusionary rule

A

Evidence illegally obtained is not usable

38
Q

What case created the exclusionary rule

A

Mapp versus Ohio

39
Q

What is fruit of the poisoned tree a metaphor for

A

Illegally obtained evidence

40
Q

How old do you have to be to be tried as an adult

A

16

41
Q

When it is mentioned in the Fifth Amendment and guarantees against self-incrimination

A

Miranda rights

42
Q

What is the second part of a trial

A

Penalty trial

43
Q

What you need to get a warrant or search and seizure

A

Probable cause

Civics (10 decks)

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