Bill of Rights Flashcards
First Amendment
Ensures the right to freedom, religion, press, petition, and peaceful assembly, meaning that the government cannot establish religion, restrict freedom of expression, impede the right to peacefully assemble and petition the government for grievances. Certain circumstances can be deemed unconstitutional.
Second Amendment
Guarantees the right of individuals to bear and keep arms.
Third Amendment
Prohibits the quartering of solders in individuals’ homes without the owner’s consent no matter in time of peace or war. Only laws can establish quartering.
Fourth Amendment
Protects against unreasonable searches and seizures. It requires law enforcement to obtain a warrant, supported by probable cause, to conduct searches and seizures.
Fifth Amendment
It includes the right to a grand jury, protection against double jeopardy (being tried twice for the same offense), self-incrimination, and guarantees due process of law. It also includes the “takings clause,” which ensures just compensation when private property is taken for public use. These rights are all relevant to criminal and civil cases.
Sixth Amendment
Ensures the right to a speedy and public trial by an impartial jury in criminal prosecutions. It also includes the right to be informed of criminal charges, to confront witnesses, to have compulsory process for obtaining witnesses, and to have the assistance of counsel for defense. These rights are relevant to CRIMINAL CASES.
Seventh Amendment
Guarantees the right to a jury trial in civil cases where the value in controversy exceeds twenty dollars. These rights are relevant to CIVIL CASES.
Eighth Amendment
Prohibits excessive bail and fines, as well as cruel and unusual punishment.
Ninth Amendment
Clarifies that the enumeration of certain rights in the Constitution does not mean that individuals do not hold other rights not specifically mentioned.
Tenth Amendment
Affirms that 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. This emphasizes the principle of federalism and limits the scope of federal power.