Constitutional Amendments Flashcards
Introduction
33 constitutional amendments approved by Congress and sent to the states for ratification since 1789. 27 have been ratified by the requisite # of states, are part of the Constitution.
1st 10 Amendments
Adopted and ratified simultaneously and are known collectively as the Bill of Rights.
Article 5 of the Constitution
Details the 2 step process for amending the nation’s frame of government. Amendments must be properly proposed and ratified before becoming operative. 6 of the 33 amendments have not been ratified and 4 are technically still open.
Ratification
Either 1) the US Congress, whenever a 2/3 majority in both the Senate and the House of Reps deem it necessary or 2) a national convention, called by Congress for this purpose, on the application of the legislatures of 2/3 (currently 34) of the states.
1st Amendment - 9/25/1789
Prohibits Congress from making any law respecting an establishment of religion, abridging the freedom of speech, infringing on the freedom of the press or the right to peaceably assemble or prohibits the right to petition the government
2nd - 9/25/1789
Protects the right to keep and bear arms
3rd
Places restriction on the quartering of soldiers in private homes
4th
Prohibits unreasonable searches and seizures;sets out rents for search warrants based on probable cause
5th
Sets out rules for indictment by grand jury and eminent domain, protects the right to due process, and prohibits self-incrimination and double jeopardy
6th
Protects the right to a fair and speedy public trial by jury, including the rights to be notified of the accusations, to confront the accuser, to obtain witnesses and retail counsel.
7th
Provides for the right to trial by jury in certain civil cases, according to common law.
8th
Prohibits excessive fines and excessive bail, as well as cruel and unusual punishment.
9th
Protects rights not enumerated in the Constitution.
10th
Reinforces the principle of federalism by stating that the federal government possesses only those powers delegated to it by the states or the people through the Constitution.
11th - 3/4/1794
Makes states immune from suits from out-of-state citizens and foreigners not living within the state borders; lays the foundation for sovereign immunity.