Amendments Flashcards
First amendment
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
Second amendment
Right to bear arms, only when citizens serve in “well-regulated militias”??
Third amendment
Forbids quartering of soldiers and direct public support of armed forces. - becomes right to privacy in griswold v. Connecticut
Fourth amendment
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
Fifth amendment
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
Sixth amendment
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
Seventh amendment
(Statutory/written law supersedes common law…) trial by jury in common law (laws based on previous court cases)
Eighth amendment
Prohibits excessive bail in federal cases, prohibits cruel and unusual punishment… Question is capital punishment cruel and unusual
Ninth amendment
“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
Tenth amendment
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
eleventh amendment (early amendments, 1795) p.s. what?
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.
twelfth amendment (Early amendments, 1804)
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)
thirteenth amendment (Civil War Amendments, 1865)
prohibited the institution of slavery, except as punishment for a convicted crime (direct result of union victory)
fourteenth amendment (Civil War Amendments, 1868)
“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.
15th amendment (1870)
voting rights to males of all races, southern states did not follow this until the 1960’s