Law: US Constitutional Authority Flashcards
The US Constitution
Is the supreme law of the land and established the framework for our national government (27 amendments)
The Preamble
Serves as an introductory statement which sets out the origin, scope and purpose of the constitution
Three Separations of Power
Legislative branch ( The Senate and the House of Representatives)
Executive branch ( The President)
Judicial branch ( the Supreme Court and other federal courts)
Bill of Rights
Amendments 1-10
1st Amendment
Prohibits Congress from obstructing the exercise of certain freedoms: the freedom of religion, speech, press assembly and the right to petition.
2nd Amendment
Protects the rights of individuals to keep and bear arms
3rd Amendment
Prohibits the federal government from forcing individuals to provide lodging to soldiers in their homes during peacetime without their consent
4th Amendment
The right of the people to be secure in their persons, house, papers, and effects, against unreasonable searches and seizures, shall not be violate, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or thing to be seized
5th Amendment
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in he land or naval forces, or in the Militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty or property, without due process of law; nor shall private property be taken for public use, without just compensation
6th Amendment
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining Witnesses in his favor, and to have the Assistance of Counsel for his defense.
7th Amendment
In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law
8th Amendment
Excessive ball shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted
9th Amendment
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by people
10th Amendment
The powers not delegated to the United Stated by the Constitution, nor prohibited by it to the states, are reserved to the stated respectively, or to the people
14th Amendment
A state shall not violate a citizen’s privileges or immunities
A state shall not deprive any person of life, liberty or property without due process of law
A state must guarantee all persons equal protection of law
