ap gov amendments Flashcards
first amendment
grievances, religion, assembly, speech, press
petition the government
petition to get anything on ballot
establishment clause
can’t have state sponsored religion, can’t force religion
free exercise clause
dont need to practice religion, practice what you want
freedom of assembly
ability to assemble on public property, may need permit for public
what isn’t protected by freedom of speech (8)
inciting, words of clear and present danger, treasonous, liable, slander, sedition, obesities, perjury
what are inciting words
words that cause others to make them do bad things
what are liable words
false written words
what is slander
false spoken words
what is perjury
lying under oath
restrictions on assembly
permits, time, place, manner
prior restraint
cencorship of publication
what can’t the government do with freedom of press
prior restraint without proving national security
second amendment
right to bear arms
third amendment
no quartering of soldiers
fourth amendment
search and seizure
what do police need on their warrant
who, what, where, when, probable cause, judges signature
probable cause
reasonable case to be issuing a search warrant/making arrest; must be more than mere suspicion
what can police use in the court of law
anything they hear, see, smell, taste, touch
exclusionary clause
illegally obtained evidence cannot be used against you in court of law
what do teachers need when they search a student
reasonable suspicion
what do police need when they want to search something/someone
probable cause and/or a warrant
reasonable suspicion
suspicion based on specific facts; less than probable cause, could just be a hunch
fifth amendment
eminent domain, no double jeopardy, no self incrimination, due process of law, must be put on trial without indictment of grand jury
what does it mean to be put on trial without indictment of grand jury
you must have pre-trial to determine if you have enough charges brought against you for a grand jury trial
what is due process of law
police, government, etc must follow the rules of the law
what is no self incrimination mean
individuals have the right to remain silent, don’t need to answer questions, use anytime, plead the fifth
what is no double jeopardy mean
you can’t be put on trial for the same crime more than once
what is eminent domain
local, state, and federal government can take your property but must compensate you for it
sixth amendment
trial without undue delay, impartial jury, right to attorney, present at trial
what is undue delay
right to a speedy trial
what are you allowed in a courtroom
must be informed of what is going against you, call witnesses, go against witnesses, speedy and public trial, right to an attorney
what type of courtroom is the sixth amendment
criminal cases
what type of courtroom is the seventh amendment
civil cases
seventh amendment
jury trial for civil trial in federal court
eighth amendment
no excessive bail, no cruel and unusual punishment
bail
sum of money to get out of jail before trial
why is bail beneficial
shows innocent before proven guilty, better prepare defense team, help ensure you show up for trial (will have to pay)
what is important about the bail sum
must meet crime, severe crime have higher price and vice versa
preventative detention
have the right to deny bail if individual has capacity to disappear before trial
what does no cruel and unusual punishment mean
punishment should meet the crime, only comes into play with what the judge/juryhas sentenced to you
examples of cruel and unusual punishment
10 years is too much for stealing case of beer
why is police beating you up for crime not protected by the eighth
not what the judge sentenced you for, but violates the fifth (due process) so that’s why it’s illegal
ninth amendment
unenumerated rights
what are unenumerated rights
rights that aren’t directly listed but are still given to the people
example of unenumerated rights
privacy within relationships, privacy in your body for abortions
tenth amendment
anything not delegated nor prohibited to states is state power, reserved powers
eleventh amendment
jurisdiction of federal courts
12th amendment
12th separated president and vice president on ballot
13th amendment
abolished slavery
14th amendment
citizenship clause, due process clause, equal protection clause; state cannot deny any
citizenship clause
all people born in the U.S are citizens of the U.S
equal protection clause
prohibits states from denying any person within its jurisdiction equal protection of the law
selective incorporation
no state can deny constitutional rights of citizens
why are the 3 clauses in the 14th amendment important
they brought the Bill of Rights down to a state level
15th amendment
african american males can vote
16th amendment
federal income tax
17th amendment
direct election of senators
18th amendment
banned use of alcoholic beverages
19th amendment
women can vote
20th amendment
shortened time between election and when presidents are sworn into office
when were the lame duck periods for presidents and when are they now
original- march 20th
now- january 20th
when were the lame duck periods for congress and when are they now
original- march 3rd
now- january 3rd
21st amendment
repeal of prohibition
22nd amendment
limits president to 2 terms (8 years, 10 max)
23rd amendment
awarded D.C 3 electoral votes and residents the right to vote1
23rd amendment
awarded D.C 3 electoral votes and residents the right to vote
24th amendment
prohibited poll tax
25th amendment
president succession and disability
order of succession if present dies
vice president, speaker of the house, president protempore, secretary of state
26th amendment
voting age lowered to 18
27th amendment
congress members can vote themselves a pay raise
plessy vs ferguson
seperate but equal- segregation
brown vs board of education
overturned plessy vs ferguson
