Bill Of Rights & Other Amendments Flashcards
Constitution of the United States
The Constitution of the United States sets forth 27 Amendments that do two important things: establishes limited power to the government and protects citizens’ rights.
Bill of Rights (United States)
The Bill of Rights is the first ten amendments to the United States Constitution.
01st Amendment
Freedom of religion, speech, and press. This guarantees the freedom of religion, speech, press, and peaceable assembly. (1791)
02nd Amendment
Right to bear arms. (1791)
03rd Amendment
Right to refuse to quarter soldiers. (1791)
04th Amendment
Freedom from unlawful search or seizures. (1791)
05th Amendment
Right to due process of law, freedom from self-incrimination (this only applies if the answer implicates you in a crime), double Jeopardy, use of a grand jury of ~16-20 people selected to examine the validity of an accusation before trial, and eminent domain (the power of the government to take private property and convert it into public use with just compensation) [1791]
06th Amendment
Rights of those accused of a crime: right to a speedy and public trial, a jury, an attorney, to be informed of charges, to confront witnesses, and have counsel. (1791)
07th Amendment
Right to a jury trial in a civil case. Realize that civil cases aren’t the same as criminal cases. Civil cases are when people sue each other. If a civil case is over a lot of money, the seventh amendment says it is to be tried by a jury. Civil court can’t send you to jail, but they can make you pay. It only takes a majority decision to be found in the wrong for civil cases. (1791)
08th Amendment
Freedom from excessive bail or cruel and unusual punishment. (1791)
09th Amendment
Guarantees other rights of people. Rights not listed may exist, and just because they are not listed doesn’t mean they can be violated. (1791)
10th Amendment
Gives power to states. The powers not given to the federal government by the Constitution are retained by the states. (1791)
11th Amendment
The amendment specifically prohibits federal courts from hearing cases in which a state is sued by an individual from another state or another country. (1795)
12th Amendment
The Constitutional Convention of 1787 produced a new structure for the Electoral College. The most important part of the 12th amendment is that instead of casting two votes for President, each elector must pick a President and his running mate (Vice President) on his or her ballot. This ensures that the President will be paired with his running mate after the election. This has been the way we have operated the Electoral College since 1804. (1804)
13th Amendment
Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction. Section 2. Congress shall have power to enforce this article by appropriate legislation. (1865)