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GOV 4a The US Constitution > The Amendments > Flashcards

The Amendments Flashcards

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1
Q

What is the first amendment?

A

Protects freedom of religion, the press, speech and assembly.

Freedom of speech has been interpreted as the freedom to burn the flag and to spend money to support political views.

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2
Q

What is the second amendment?

A

Protects the right to bear arms

Controversial due to the nature of this but also the constitutions use of the word ‘mafia’

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3
Q

What is the third amendment?

A

Protects the rights of property owners including a broader protection of privacy

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4
Q

What is the fourth amendment?

A

Guarantees freedom from unreasonable searches and seizures

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5
Q

What is the fifth amendment?

A

Guarantees the rights of the accused and includes the ‘due process clause’, whereby no person shall be deprived of life, liberty or property without due process of law. It also protects the right to silence in a court of law.

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6
Q

What is the sixth amendment?

A

Sets our rights for those standing trial and protects against arbitrary arrest and imprisonment

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7
Q

What is the seventh amendment?

A

This deals mainly with civil law suits mainly

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8
Q

What is the eighth amendment?

A

Bans ‘cruel and unusual punishment’

Controversial given the existence of the death penalty in many states

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9
Q

What is the ninth amendment?

A

It is concerned with the rights ‘reserved to the people’ and states that people may have other rights not found in the bill of rights.

This has been used in many privacy cases and Roe v Wade

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10
Q

What is the tenth amendment?

A

Concerned with the rights reserved to the states.

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11
Q

What is the fourteenth amendment?

A

It talks of ‘equal protection under the law’

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12
Q

How many amendment have been passed to the Us constitution and what does it require to pass an amendment?

A

27 and 3/4 of the states and 2/3 of congress

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13
Q

How many amendments have been overruled?

A

6 amendments

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14
Q

When was the bill of rights passed?

A

1791

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15
Q

What is the 12th amendment?

A

1804

This revised the process for election the president and Vice President

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16
Q

What were the 13th 14th and 15th amendments about?

A

Ending slavery and guaranteeing rights to former slaves

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17
Q

What is the 16th amendment about?

A

1913

Allowed an income tax to be imposed by the federal government

18
Q

What is the 17th amendment?

A

1917

Allowed for the direct election of the senate

Before they were chosen by the state legislature

19
Q

What is the 22nd amendment?

A

Limited the president to two terms

20
Q

What is the 25th amendment?

A

1967

Dealt with the issues of presidential disability and succession

This was v relevant at the time due to Kennedys assassination

21
Q

What did the 26th amendment do?

A

Lower the voting age to 18

1971

22
Q

What are the 18th and 21st amendment about?

A

Starting and ending prohibition

23
Q

How many amendments have been proposed and how many ratified?

A

27 out of 33

24
Q

How can the constitution be amended other that through congress?

A

A national constitutional convention called by congress at the request of 2/3 of the state legislatures. (Never been done, but in 1992 32 state legislatures tried to over a balanced budget amendment)

25
Q

How is an amendment ratified?

A

Either

3/4 of the state legislatures agree

Or

State constitutional conventions agree in 3/4 of the states

Only the 21st amendment was ever ratified through constitutional conventions

26
Q

What is the 19th amendment?

A

1920

Gave women voting rights

27
Q

Why is the constitution amended so rarely?

A

FOUNDING FATHERS MADE IT REALLY DIFFICULT ON PURPOSE

THE FRAMERS MADE THE CONSTITUTION DELIBERATELY UNSPECIFIC
-this has allowed the document to evolve without the need for formal amendment

THE SUPREME COURT’S POWER OF JUDICIAL REVIEW
-interpretive amendment means the court can change the meaning of the words in the constitution

AMERICANS ARE CAUTIOUS OF TEMPERING WITH THE CONSTITUTION
-the 18th and 21st amendment mishap has played an important lesson to not mess with formal amendment for younger generations.

28
Q

If a right is in the constitution does it mean it is enforced?

A

No there often has to be law to back it up.

Brown v Board had to be backed with he civil rights act 1964

29
Q

What did the 24th amendment do?

A

Guarantee voting rights for racial minorities, notably black people

30
Q

Name an amendment that came close to passing and didn’t?

A

The Equal Rights Amendment in 1972

The President and congress really supported it but it failed to gain approval of 38 states

31
Q

What elastic clauses are commonly used from the amendments?

A

‘Due process’

‘Equal protection’
- covered women’s rights, gay rights and ethnic minority rights

32
Q

How many states are needed to block an amendment?

A

13

33
Q

When have rights supposedly given in the bill of rights been ignored?

A

Until the 1960’s very few African Americans or native Americans were assured of the due process of law

Japanese Americans were interned in 1944 as it was feared they might assist an invasion

Interpretation means perhaps rights aren’t being enforced correctly, death penalty for example

The patriot act and the war on terror has bought rights into question

34
Q

How many votes on proposed constitutional amendments during Bill Clintons presidency?

A

18 ( this is a very high number)

All these votes occurred when the republicans controlled both houses 1995-2001

In this period the House of Representatives agreed to a balanced budget amendment 1995

They also agreed to a Flag desecrating amendment in 1995,1997 and 1999.

The senate didn’t pass any of these but was 1 vote short of passing the balanced budget amendment and 4 votes short of a flag amendment

35
Q

How many amendments has congress passed?

A

33

36
Q

How many attempts were made to amend the constitution in Bush’s presidency?

A

10

3 votes for flag desecration amendment won in the house

37
Q

How many times has a flag desecration amendment been voted on since 1995?

A

6 times

38
Q

What happened to the proposed balanced budget amendment in 2011?

A

Didn’t gain 2/3 in the house

Didn’t even gain a simple majority in the senate

39
Q

When was the last successful amendment?

A

1994

Pay rises for members of congress

40
Q

Why did the Equal Rights Amendment not pass?

A

Congress passed it

States given ten years to ratify it but they didn’t

41
Q

Who gets power due to the amendment process being so hard?

A

Unelected judges

GOV 4a The US Constitution (8 decks)

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