Bill of Rights Flashcards
What are the Bill of Rights?
The first ten formal amendments of the U.S. constitution
Where is the Bill of Rights located?
In the national archives
Our founding fathers believed that greatest threat to our individual liberty was
the government
the bill of rights is meant to:
Limit the government and guarantee civil rights and liberties to the individual
Who wrote the Bill of Rights?
James Madison
1st amendment
Protects 5 rights
what 5 rights does the 1st amendment protect?
- Freedom of religion – (Separation of church and state)
- Freedom of speech
- Freedom of the press
- Freedom of assembly – peaceful
- Freedom of petition
2nd Amendment:
The right to bear arms
Restrictions to the 2nd amendment:
- Must have a license: 18yrs.
- Federal background check
- Must have a permit for a concealed weapon/carry in public
- Restrictions on fully automatic assault
3rd amendment:
quartering of troops/outlawed in private homes - No soldiers can be house in your home
4th amendment:
Search and Seizure
what does the 4th amendment mean?
Must have a warrant – and show “probable cause” (reasonable belief that a person has committed a crime)
5th amendment:
Due Process - rights of the accused
Due process:
The requirement that the government cannot deprive a person of their freedom or property without going through the court system.
what does the 5th amendment include? (4)
- The right to a “grand jury”
- Protects the accused against “double jeopardy”
- Protects against self-incrimination – Plead the 5th
- Eminent domain
what does a Grand Jury do?
decides if there is enough evidence to to bring an arrested person to trial
What is double jeopardy
can’t be charged twice for the same crime
what is eminent domain
The government’s power to seize private property for public use – person must get compensation
6th Amendment:
Right to a fair trial
what rights does the 6th amendment include? (5)
- Right to a speedy, public trial
- Right to an impartial, *petit jury (12) - decides guilt or innocence
- Miranda rights -The accused must be informed of the crime and read their rights
- Right to witnesses
- Right to an attorney (lawyer)
7th Amendment:
Rights in *Civil cases
what does the 7th amendment include? (2)
- Right to a jury in any dispute over $20
- Bench Trial
Bench Trial
When you wave the right to a jury and let a judge make the ruling
Civil case
a dispute between two or more parties involving money (law suites)
criminal case
a case in which a person is accused of committing a crime
8th Amendment:
Punishment of crimes
what does the 8th amendment include? (2)
- Protects against “cruel and unusual” punishment
- Est. Bail
Bail
a sum of money posted to guarantee you will appear for your court date
9th Amendment:
The non-enumerated rights
what do the non-enumerated rights mean?
The rights of the people are not limited to just the rights listed in the Constitution
(Privacy, travel, voting, etc.)
10th Amendment:
powers reserved for the states
what does the 10th amendment say?
Says that any power or right not specifically listed in the Constitution as belonging to the federal government belongs to individual states
