Amendments Flashcards

0
Q

First amendment

A

Freedom of religion (and unbiased toward any), freedom of speech and freedom of press (unless clear and present ganger-Oliver Wendell Holmes) -schenk v. U.S.
Prior restraint isn’t allowed- near v. Minnesota, freedom of assembly and freedoms to petition the government, cannot trespass on private property

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1
Q

Second amendment

A

Right to bear arms, only when citizens serve in “well-regulated militias”??

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2
Q

Third amendment

A

Forbids quartering of soldiers and direct public support of armed forces. - becomes right to privacy in griswold v. Connecticut

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3
Q

Fourth amendment

A

Protects individual’s person, house, papers, and effects against unreasonable searches and seizures. Mapp v. Ohio, needs warrants, exclusionary rule states evidence can’t be used without following all procedures to procure it… Unless it was found out in the open

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4
Q

Fifth amendment

A

Right to a grand jury when a suspect is held for capital of other infamous crimes, prohibits double jeopardy, eminent domain states that seizures from people must be justly compensated, protects from self incrimination (pleading the fifth ) , government cannot deprive individual of life… Unless due process of law is applied

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5
Q

Sixth amendment

A

Impartial jury in a “speedy” public trial, individuals have the right to be informed of their charges (habeus corpus) , to confront witnesses, subpoena witnesses for their defense and have a lawyer for their defense

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6
Q

Seventh amendment

A

(Statutory/written law supersedes common law…) trial by jury in common law (laws based on previous court cases)

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7
Q

Eighth amendment

A

Prohibits excessive bail in federal cases, prohibits cruel and unusual punishment… Question is capital punishment cruel and unusual

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8
Q

Ninth amendment

A

“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. Questions with implied rights to privacy, maybe new issues have arisen unaccounted for by writers of constitution

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9
Q

Tenth amendment

A

Powers not defined or delegated by the constitution, states have reserved power to make their own individual judgments, still must follow constitution and federal government … State laws on drinking etc are within jurisdiction the states

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10
Q
eleventh amendment (early amendments, 1795)
p.s. what?
A

Chrisholm v. Georgia ruled that states did not enjoy sovereign immunity from lawsuits brought on by residents of other states, this amendment states that in order to be sued by residents of other states, the state must give consent.

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11
Q

twelfth amendment (Early amendments, 1804)

A

electors have to cast separate votes for president and vice president (after election of 1800 was a tie between t. Jefferson and Aaron Burr, no longer a consolation prize)

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12
Q

thirteenth amendment (Civil War Amendments, 1865)

A

prohibited the institution of slavery, except as punishment for a convicted crime (direct result of union victory)

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13
Q

fourteenth amendment (Civil War Amendments, 1868)

A

“No state shall abridge the privileges or immunities of citizens of the U.S.”, right to due process to all americans, however, each amendment is incorporated into the states in a case by case basis, known as selective incorporation.

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14
Q

15th amendment (1870)

A

voting rights to males of all races, southern states did not follow this until the 1960’s

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15
Q

16th amendment (Progressive Era amendments, 1913)

A

gave congress the power to collect taxes based on income, (would fall more on the rich)

16
Q

17th amendment (Progressive Era amendments, 1913)

A

allowed the general public the direct election of U.S> senators

17
Q

18th amendment (progressive era amendments, 1920)

A

Prohibition amendment, prohibits manufacture, sale, and transportation of alcohol in or out of the U.S.

18
Q

19th amendment (progressive era amendment, 1920)

A

gave voting rights to all american women

19
Q

20th amendment (later amendments, 1933)

A

defines procedures regarding the specifics of presidential and legislative terms and shortens the amount of time between presidential election and inauguration (now Jan. 20th)

20
Q

21st amendment (later amendments, 1933)

A

repealed prohibition (lawbreaking, and for tax money)

21
Q

22nd amendment (later amendments, 1951)

A

limited the president to 2 terms (FDR had just had four)

22
Q

23rd amendment (later amendments, 1961)

A

allowed residents of Washington, D.C. to vote, raising electoral count to 538.

23
Q

24th amendment (later amendments, 1964)

A

eliminated racially discriminatory poll taxes

24
Q

25th amendment (later amendments, 1967)

A

formally allows vice president to take over president’s position if need arises, and to select a new vice president in this case. (after JFK)

25
Q

26th amendment (later amendments, 1971)

A

lowers voting age from 21 to 18 (in response to people fighting in Vietnam)

26
Q

27th amendment (later amendments, 1992)

A

if congress votes itself a pay increase, it cannot take place until after the new election. (took more than 200 years to go into effect)

27
Q

early amendements

A

1795-1804: 11,12

28
Q

civil war amendments

A

1865-1870: 13,14,15

29
Q

progressive era amendments

A

1913-1920: 16,17,18

30
Q

later amendments

A

1933-1992: 20-27