Exam 1 (The Constitution) Flashcards
Article I
Legislative article:
Article II
Executive article:
Article III
Judicial article:
Article IV
States’ Relations:
Article V
Mode of Amendment:
Article VI
Prior Debts, National Supremacy, Oaths of Office:
1st Ammendment
- Religion
- Speech
- Press
- Peaceable Assembly
- Petition the Government
The only exception made is when granting these rights allows people to violate criminal law.
2nd Ammendment
- Right to bear arms
2. Right to have a “well regulated militia”.
3rd Ammendment
Quartering soldiers: If soldiers come to your house and demand to stay there, you can say “no”.
4th Ammendment
Search & Seizure:
- Exclusionary Rule - Improperly collected evidence is inadmissible in court.
- Search warrants require probable cause.
- Search warrants must be issued by a “neutral magistrate”.
(probable cause can be a very small protection, but it’s more than nothing.
What is a reasonable search and seizure?
- Stop & Frisk: Mere suspicion
- Incident to a lawful arrest: If someone is arrested, they can be searched along with the area they were arrested in.
- Incarceration: You can be searched if you are in prison
- Under authority of a search warrant.
- Probable cause, but no time to get a warrant.
- Vehicle Lawfully in Custody: (Traffic violation or something similar)
- Evidence in plain view.
- Consent to Search.
- Any other reasonable search and seizure.
5th Ammendment
Right of Persons:
- Self incrimination: (only applies to criminal penalties, which include fine, imprisonment, and death).
- Indictment for capital or infamous crimes: (Indictment means there is enough evidence to precede to trial)( Grand Juries are those that decide on indictments).
- Double Jeopardy.
- Due Process
Types of Due Process
Procedural:
a) Reasonable Notice
b) Fair Hearing
(Laws can be challenged on all the following)
c) Too Broad
d) Too Narrow
e) Too Vague
Substantive:
a) Does it have a proper purpose?
b) Does the penalty bear a reasonable relationship to that purpose?
c) Is the law arbitrary?
d) Discriminatory in its application?
6th Ammendment
Right of Accused in Criminal Prosecutions:
- Speedy trial: (varies according to the severity of the crime).
- Impartial Jury.
- Must be informed of the accusation (arraignment).
- Confrontation of witnesses (cross examination).
- Ability to obtain witnesses in your favor.
- Right to an attorney at any critical stage.
8th Ammendment
Further Guarantees in Criminal Cases:
- Prohibits excessive bail
- Prohibits “cruel and unusual punishment”
9th Ammendment
Uninumerated Rights: People retain all rights that aren’t explicitly given to them.
10th Ammendment
Reserved Powers: States retain any powers not given to the federal government.
13th Ammendment
- Slavery
2. Involuntary servitude (except for crimes)
14th Ammendment
- Ammendments 1,2,4,5,6, & 8 now apply to the states
- 3 Clauses:
- Privileges and Immunities Clause (article 4) (states can’t discriminate against citizens of other states)
- Due Process
- Equal protections clause now applies to the federal government.
15th Ammendment
Any citizen can vote (meaning men)
18th Ammendment
Prohibition (pushed through by women)
19thAmmendment
Women can vote (pushed through by women)
21st Ammendment
Repealed the prohibition
26th Ammendment
changed the voting age to 18
