Amendments Flashcards
Bill of Rights
(1791)
1. Free Speech, Press, Religion (Establishment and Free Exercise), Assembly
2. Right to Bear Arms
3. No Forced Quartering of Troops in Homes
4. No Unreasonable Searches/ Seizures
5. Right to Due Process, Grand Jury, No Double Jeopardy, No Self-Incrimination (remain Silent)
6. Right to Counsel and Speedy Public Trial
7. Right to a Trial by Jury in Federal Civil Cases
8. No Excessive Punishments, Bail, Fines
9. Rights not Enumerated are Retained by the People
10. Powers not Delegated to Congress or Prohibited to States Belong to the States or the People
First Amendment
prevents the government from making laws which respect an establishment of religion, prohibit the free exercise of religion, or abridge the freedom of speech, the freedom of the press, the right to peaceably assemble, or the right to petition the government for redress of grievances.
Second Amendment
protects the right of the people to keep and bear arms and was adopted
Third Amendment
places restrictions on the quartering of soldiers in private homes without the owner’s consent, forbidding the practice in peacetime.
Fourth Amendment
prohibits unreasonable searches and seizures. warrants must be issued by a judge or magistrate, justified by probable cause, supported by oath or affirmation, and must particularly describe the place to be searched and the persons or things to be seized
Fifth Amendment
felonies are tried only upon indictment by a grand jury, provides the right of defendants to be tried only once in federal court for the same offense, right of an individual to not serve as a witness in a criminal case in which they are the defendant. witnesses decline to answer questions where the answers might incriminate them, no person shall “be deprived of life, liberty, or property, without due process of law.” in a federal court,
Sixth Amendment
grants criminal defendants the right to a speedy and public trial by an impartial jury consisting of jurors from the state and district in which the crime was alleged to have been committed, impartial jury, witnesses, counsel
Seventh Amendment
right to a jury trial in federal civil cases and inhibits courts from overturning a jury’s findings of fact.
Eighth Amendment
prohibits the government, from imposing excessive bail, excessive fines, or cruel and unusual punishments, in any part of the US, on US property (i.e. a US embassy), or against any US citizen, or any resident of the US.
Ninth Amendment
rights are retained by the people if they not specifically enumerated in the Constitution
Ninth Vs Tenth Amendment:
The Ninth Amendment offers a constitutional safety net, intended to make it clear that Americans have other fundamental rights beyond those listed in the Bill of Rights. The Tenth Amendment was included in the Bill of Rights to preserve the balance of power between the federal government and the states.
Tenth Amendment
The federal government possesses only those powers delegated to it by the United States Constitution. All remaining powers are reserved for the states or the people.
Eleventh Amendment
restricts the ability of individuals to bring suit against states in federal court.
Twelfth Amendment
provides the new procedure for electing the President and Vice President.
Thirteenth Amendment
abolished slavery and involuntary servitude, except as punishment for a crime.