Bill of Rights Flashcards

1
Q

What are the Bill of Rights?

A

The first ten formal amendments of the U.S. constitution

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2
Q

Where is the Bill of Rights located?

A

In the national archives

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3
Q

Our founding fathers believed that greatest threat to our individual liberty was

A

the government

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4
Q

the bill of rights is meant to:

A

Limit the government and guarantee civil rights and liberties to the individual

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5
Q

Who wrote the Bill of Rights?

A

James Madison

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6
Q

1st amendment

A

Protects 5 rights

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7
Q

what 5 rights does the 1st amendment protect?

A
  • Freedom of religion – (Separation of church and state)
  • Freedom of speech
  • Freedom of the press
  • Freedom of assembly – peaceful
  • Freedom of petition
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8
Q

2nd Amendment:

A

The right to bear arms

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9
Q

Restrictions to the 2nd amendment:

A
  • Must have a license: 18yrs.
  • Federal background check
  • Must have a permit for a concealed weapon/carry in public
  • Restrictions on fully automatic assault
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10
Q

3rd amendment:

A

quartering of troops/outlawed in private homes - No soldiers can be house in your home

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11
Q

4th amendment:

A

Search and Seizure

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12
Q

what does the 4th amendment mean?

A

Must have a warrant – and show “probable cause” (reasonable belief that a person has committed a crime)

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13
Q

5th amendment:

A

Due Process - rights of the accused

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14
Q

Due process:

A

The requirement that the government cannot deprive a person of their freedom or property without going through the court system.

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15
Q

what does the 5th amendment include? (4)

A
  • The right to a “grand jury”
  • Protects the accused against “double jeopardy”
  • Protects against self-incrimination – Plead the 5th
  • Eminent domain
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16
Q

what does a Grand Jury do?

A

decides if there is enough evidence to to bring an arrested person to trial

17
Q

What is double jeopardy

A

can’t be charged twice for the same crime

18
Q

what is eminent domain

A

The government’s power to seize private property for public use – person must get compensation

19
Q

6th Amendment:

A

Right to a fair trial

20
Q

what rights does the 6th amendment include? (5)

A
  • 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)
21
Q

7th Amendment:

A

Rights in *Civil cases

22
Q

what does the 7th amendment include? (2)

A
  • Right to a jury in any dispute over $20
  • Bench Trial
23
Q

Bench Trial

A

When you wave the right to a jury and let a judge make the ruling

24
Q

Civil case

A

a dispute between two or more parties involving money (law suites)

25
Q

criminal case

A

a case in which a person is accused of committing a crime

26
Q

8th Amendment:

A

Punishment of crimes

27
Q

what does the 8th amendment include? (2)

A
  • Protects against “cruel and unusual” punishment
  • Est. Bail
28
Q

Bail

A

a sum of money posted to guarantee you will appear for your court date

29
Q

9th Amendment:

A

The non-enumerated rights

30
Q

what do the non-enumerated rights mean?

A

The rights of the people are not limited to just the rights listed in the Constitution
(Privacy, travel, voting, etc.)

31
Q

10th Amendment:

A

powers reserved for the states

32
Q

what does the 10th amendment say?

A

Says that any power or right not specifically listed in the Constitution as belonging to the federal government belongs to individual states