Quiz 3 (1st 10 Amendments / Bill of Rights) Flashcards
Who wrote them? What was he called?
JM - S of the C
James Madison
“Soul of the Constitution
What the Bill of Rights Does?
limits: ,guarantees:, 1/2 of the amendments: ,
- limits the government
- guarantees civil rights + liberties to a person
- 1/2 of them protect the rights of those accused of a crime
1st Amendment: Protects 5 Rights (Freedoms)
RSPAP
- Freedom of:
- religion
- speech
- press
- assembly (peaceful)
- petition
2nd Amendment: the Right to Bear Arms
4 restrictions: age, federal: , permit for cw/cip, restrictions on: weapons
- Must have a license (18 yrs)
- Federal BG Check
- Req. permit for concealed weapon/carry in public
- Restrictions on full-automatic assault weapons
3rd Amendment: Quartering of troops / outlawed in private homes
soldiers cannot be ________ home
No soliders can be housed in your home
4th Amendment: Search & Seizure
Must have a w and show pc
Must have a warrant and show probable cause (reasonable belief that someone has commited a crime)
5th Amendment: Due Process - Rights of the Accused
4 points: gj, dj, si, ed
Due Process: the requirement that the government cannot deprive a person of their freedom or property without going through the court system, which include: ^
- Right to grand jury, decides if there’s enough evidence to bring u to trial
- Protects against double jeopardy
- Protects against self-crimination (plead the 5th)
- Eminnent Domain (Protection of Property) - gov’s power to seize private property for public use, person must be compensated
6th Amendment: Right to a Fair Trial
5 points - spt, ipj, mr, w, a
Rights to:
1. A speedy, pubic trial
2. Impartial, petite jury (12) - decides guilt or innocence
3. Miranda Rights (accused must be informed of their crimes and be read their rights)
4. Right ot witnesses (to have them in your defense)
5. Right of an attorney (lawyer)
7th Amendment: Rights in Civil Cases
jury, $20 and BT (seat in a park)
- Right to a jury in any dispute over $20
- Bench trial - wave the right to a jury & let a judge make the ruling
Civil Case
a dispute between two or more parties involving money (lawsuits)
Criminal Case
a case in which a person is accused of committing a crime
8th Amendment: Punishment of Crimes
protects: type of punishment, est bail: definition?
- Protects against ”cruel and unusual” punishment
- est. bail: a sum of money posted to guarantee you will appear for your court date
9th Amendment: the Non-Enumerated Rights
(privacy, travel, voting, etc.)
1.The rights of the people are not just the rights listed in the Constitution
10th Amendment: Powers Reserved for the States
power or right not in constitution not belonging:
- Says that any power or right not specifically listen in the Constitution as belonging to the federal government belongs to to individual states.