The Constitution Flashcards
What is the first amendment?
The Congress shall make no law respecting
- Establishment of religion or prohibiting the free exercise thereof or abridging the freedom to
- speech
- press
- assembly
- petition
Establishment clause
The government cannot establish a religion, and it can’t prevent you from establishing one (1st amendment)
Separation of church and state
The specific language of a wall is not there, but the supreme court has ruled that there is one (1st amendment)
2nd amendment
- Establish a militia
- Keep and bear arms
3rd amendment
- No soldier shall in time of peace be quartered in any house without the consent of the owner, nor in time of war unless prescribed by law
4th amendment
- Prohibits unlawful search and seizure
- Must have a probable cause or a warrant
Exclusionary rule
- Prevents someone from just opening your door (4th amendment)
- Evidence cannot be used in court if illegally obtained
Reasonable person standard
4th amendment
5th amendment
- Must be indicted by a grand jury
- No personal shall be subjected to:
- double jeopardy (can’t be charged with same crime twice)
- testifying against oneself
- being deprived on life, liberty or property without due process of law
- private property cannot be taken away without just compensation
6th ammendment
The accused has the right to the following:
- a speedy and public trial by an impartial jury
- be informed of the crime they committed
- confront witnesses that are against them
- obtain their own witnesses
- the right to an attorney
7th amendment
In federal court cases where lawsuits involve more than $20, a jury is guarenteed
8th amendement
- No excessive bail or fines can be required
- No cruel and unusual punishment
9th amendement
The rights listed in the Constitution are not the only rights retained by the law
Unenumerated rights
- privacy
- marriage
- travel
- trial by jury of your peers (9th amendment)
10th amendement
If it isn’t a federal power than those powers are reserved to the states or the people
11th amendement
You cannot sue your state or someone else’s state in federal court. You have to sue that state.
12th amendement
Electors get two votes, one for the President, and one for the VP
13th amendement
Banned involuntary servitude, except for punishment for crime
14th amendement
Citizenship clause, privileges and immunities clause, due process clause, and equal protection clause
Citizenship
Born in the US or become naturalized (14)
Privileges and immunities
- states have to recognize federal laws of people from other states
- people have to still win those rights in court (14)
Due process
5th amendment echoed (14)
Equal protection clause
Law must treat everyone equally (14)
Population count
- slaves count
- made sure that the South did not gain too much power
- if you don’t let blacks vote then they don’t count in your census
