Constitutional Amendments Flashcards
Five rights mentioned in the first amendment
speech, press, religion, assembly, petition
Freedom of religion clauses (2)
- establishment clause (Congress cannot establish a national religion)
- free exercise clause (Congress cannot prohibit the exercise of religions)
Freedom of religion SCOTUS cases (2)
- Engel v. Vitale- forcing students to pray violates first amendment
- Wisconsin v. Yoder- requiring Amish students to attend school after 8th grade violated the free exercise clause
Freedom of speech SCOTUS cases (2)
- Tinker v. Des Moines- students wore armbands to protest the Vietnam war, upheld as constitutional
- Schenck v. US- speech can be limited if it provokes a clear and present danger
Freedom of press SCOTUS case
Nixon v. NYT- Nixon wanted to stop NYT from publishing embarrassing expose about Viet war, SCOTUS held that NYT can publish because of the first amendment
2nd amendment
right to bear arms
2nd amendment SCOTUS case
McDonald v. Chicago- SC ruled ban of handguns in Chicago unconstitutional; selective incorporation
3rd amendment
No quartering of troops
What 5 amendments explain the rights of the accused?
4-8
4th amendment
Warrant + probable cause needed for police to search/obtain you
5th amendment
- no double jeopardy
- no self-incrimination
- due process clause
How does the 14th amendment extend the 5th amendment?
14th amendment extends “no person shall be deprived of life, liberty, or property without due process of law” from the 5th amendment to the state/local governments
Due process
government must act fairly and in accord with established rules at all times
6th amendment
- speedy, public trial
- impartial jury
- counsel must be provided
6th amendment SCOTUS case
Gideon v. Wainwright- Gideon went to jail, Florida denied him a lawyer. Court ruled that Gideon is entitled a lawyer
7th amendment
right to a trial by jury in a civil case (get sued)
8th amendment
- no excessive bail
- no cruel and unusual punishment
10th amendment
states rights
13th amendment
ended slavery
14th amendment
- equal protection clause
- states must respect rights that are federally guaranteed
- citizenship to slaves
14th amendment SCOTUS case
Brown v. Board of Ed.- segregation violates equal protection clause, overturned Plessy v. Ferguson.
Led to similar cases + Civil Rights Act
15th amendment
the right to vote shall not be abridged because of race
16th amendment
allows for graduated income tax (rich pay higher % than poor)
17th amendment
- put more power into the peoples’ hands
- direct election of US senators (before, state legislators would choose)
