Chapter 9 Flashcards
A statement of an individual citizen’s legal privileges which may not be taken away by a civil government.
Bill of rights
What three documents form the historical background to the Bill of Rights?
Massachusetts Body of Liberties, the English Bill of Rights, and the Virginia Declaration of Rights
When had the states ratified 10 of the 12 amendments that Madison had proposed?
December 15, 1791
The clause in the First Amendment which states that Congress may not establish a state church or give legal preference to any church or denomination.
Establishment clause
A three-pronged legal standard established by the U.S. Supreme Court in Lemon v. Kurtzman (1971) to determine whether a law or governmental action violates the Establishment Clause of the First Amendment.
Lemon Test
The clause in the First Amendment which protects the right of the individual to worship God according to the dictates of his own conscience and to practice his religion freely.
Free exercise clause
List the four things that the First Amendment guarantees.
- Freedom of Religion
- Freedom of Speech
- Freedom of the Press
- Freedom of Assembly and Redress of Grievances
An “army” composed of armed citizens (rather than professional soldiers) who can be called out in times of emergency.
Militia
The two dominant ideas in the Second Amendment.
- Militias are necessary to the security of a free state.
- The right to keep and bear arms cannot be infringed (violated).
What amendment affirms the property rights of American citizens?
3rd Amendment
A written statement issud by a judge which gives a law officer the legal right to search for a particular thing in a specific place.
Warrant
What amendment guarantes the freedom from unreasonable search and seizure, reaffirming the right to own and to control private property?
4th Amendment
What law, passed by Congress in 1993, restricts the sale of handguns by requiring a waiting period for the purchase of a handgun?
Brady Law
What word means “to destroy another person’s reputation by false speech”?
Slander
Which laws forbid an American citizen to say or write anything that would harm his country or advocate its violent, revolutionary overthrow?
Laws of treason
A crime so serious that it is punishable by death.
Capital crime
A serious crime but not a capital crime.
Felony
A special military court which tries breaches of military law or cases involving members of the armed forces.
Court-martial
A serviceman found guilty in court-martial has the right to appeal the verdict to where?
U.S. Court of Military Appeals
The right of civil government to take over a person’s land or other private property for public use.
Eminent domain
A court order for an individual to appear in court as a witness.
Summons
A sum of money that a person accused of a crime deposits with a court in order to be temporarily released from jail.
Bail
What did President Abraham Lincoln issue as a war measure on January 1, 1863, declaring the slaves within the Confederacy to be “then, thenceforward, and forever free”?
Emancipation Proclamation
The freedoms listed in the Bill of Rights are summarized in the 14th Amendment as the right to what?
“Life, liberty, and property”
The right to vote.
Suffrage
What act provided the means of enforcing the 18th Amendment?
Volstead Act (National Prohibition Act)
What amendment protects against self-incrimination; prohibits double jeopardy; ensures due process of law before deprivation of life liberty, or property; and requires just compensation for government takings of private property?
5th Amendment
What amendment guarantees a speedy and public trial, ensures an impartial jury in criminal cases, grants the right to legal counsel (a lawyer), provides the right to confront accusers and witnesses, and ensures the accused is informed of charges against them?
6th Amendment
What amendment guarantees jury trials in civil lawsuits over $20 and prevents courts from overturning jury verdicts without proper legal grounds?
7th Amendment
What amendment prohibits excessive bail or fines and forbids cruel and unusual punishments (e.g., extreme or barbaric penalties)?
8th Amendment
What amendment declares that rights not specifically listed in the Constitution still belong to the people?
9th Amendment
What amendment states that powers not given to the federal government are reserved for the states or the people and reinforces federalism, limiting federal overreach?
10th Amendment
What amendment deals with lawsuits filed against states in federal court?
11th Amendment
What amendment provided for separate ballots for President and Vice President?
12th Amendment
What amendment abolished slavery and involuntary servitude?
13th Amendment
What amendment granted citizenship to black Americans and is the source of federal civil rights legislation?
14th Amendment
What amendment established the right of former slaves to vote?
15th Amendment
What amendment empowered Congress to lay a tax on personal incomes?
16th Amendment
What amendment provided for the direct election of senators by the voters of a state?
17th Amendment
What amendment prohibited the production, transportation, and sale of alcoholic beverages in the United States and generated more popular support than had any preceding constitutional amendment?
18th Amendment
What amendment made women’s suffrage a part of the United States Constitution?
19th Amendment
What amendment, known as the “lame duck amendment,” moved the date on which newly elected President, Vice Presidents, senators, and representatives take office?
20th Amendment
What amendment repealed the 18th Amendment (Prohibition)?
21st Amendment
What amendment limited the tenure of the President to two terms and a maximum of ten years?
22nd Amendment
What amendment granted the District of Columbia a number of presidential electors?
23rd Amendment
What amendment abolished poll taxes as a requirement for voting in federal elections?
24th Amendment
What amendment provides for an orderly transfer of power in the event that a President is incapacitated or dies in office?
25th Amendment
What amendment extended voting rights to those eighteen years of age or older?
26th Amendment
What amendment placed a restriction on the power of Congress to raise its own salary?
27th Amendment
