Exam 1 Flashcards
New Jersey Plan
States have equal representation, regardless of size
1st amendment
Revolves around freedom from government abuse.
- Freedom of speech
- Freedom of the press
- Freedom of Assembly
- Right to petition government
- Freedom of Worship
Freedom of speech
Protected under law to critique government.
Freedom of Worship
Free Exercise Clause: Free to worship or not
Establishment Clause: government cannot establish a national religion.
Freedom of Press
Right to know what is going on or to police government
Freedom of Assembly
Right to gather peacefully: protest, religious service, soccer groups.
Rights to petition government
Calling/email government
2nd Amendment
Rights for a regulated militia and individual people to form militias and to own guns.
4th Amendment
Unreasonable search and seizure. Government needs a justifiable and specific reason and warrant to search your property.
5th Amendment
Criminal Protections
- Grand Jury
- Double Jeopardy
- Self-Incrimination
- Due process of Law (national only)
- Takings Clause
Right to Grand Jury
For capital and infamous trials; must be tried by jury.
Double Jeopardy
Found innocent; cannot be tried again later
Self-Incrimination
Does not have to testify against self; defendant does not have to testify.
Due Process (national)
Cannot be sentenced without being processed
Takings Clause
Government cannot take private property unless paid for it at current market value and it will be for the public.
6th Amendment
- Fair and Speedy Trial
- Right to a Jury
- Right to know what you are accused of.
- Right to face accuser
- Right to defense
Fair and Speedy Trial
Trial is soon after arresting; thrown out if witness or accuser dies.
Right to a Jury
Tried by peers, fellow citizens
Right to know what you are accused of.
Habeas Corpus (if there’s a body, show me the body). Ppl being detained have the right to know what they are accused of. Evidence.
Right to face accuser
Can face accuser in court; know who is accusing you.
Right to defense
Right to try to prove you are innocent.
8th Amendment
Criminal Protection.
1. Protection from cruel and unusual punishment.
9th and 10th Amendments
Checks on government.
9th: Something not stated in Constitution, it goes back to the people.
10th: Something is not stated in the Constitution, it goes back to the states.
12th Amendment
Separate ballot for president and vice president. [same??]
13th Amendment
Abolished slavery and indentured servitude
14th Amendment
- Citizenship by birth.
2. Due Process (states)
Due process (states)
Due Process Clause: procedure in place.
Cannot be sentenced without being processed.
Equal Protection Clause: Protect equally from abuses. i.e. witness protection program.
Amendment 15
Prohibition from denying a citizen the right to vote based on race, color, and previous servitude.
Amendment 16
Income Tax
Amendment 17
Direct election of senators
Amendment 18
Prohibition
Amendment 19
Right for women to vote.
Amendment 20
Presidential term limit – Jan 20; Congress meet in January.
Amendment 21
Repeal of Prohibition
Amendment 22
Presidential term limit; can only serve 10 years.
Amendment 25
Presidential Succession Fix. President -> vice president -> speaker of the house -> president proptem of senate => secretary of state -> cabinets -> department of homeland security
Amendment 26
18-Year-Olds can vote
Amendment 27
Congress cannot give self a raise w/o facing the voter
Federalists
Founders who supported the new Constitution. Madison, Jay, Hamilton. Published under Publius
Anti-Federalists
Founders who did not support the new Constitution. Jefferson, Mason, Adams. Published under Brutus.
Bicameral
Legislative having two branches; House of Reps and Senate
House of Representatives; number of people
Depends on population of state