US Bill of Rights and Constitution Flashcards
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Amendment I
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
Amendment II
No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.
Amendment III
The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probably cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Amendment IV
No person shall be held to answer or a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the 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 offense 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
Amendment V
What amendment protects against double jeopardy and self incrimination and guarantees the rights to due process?
This is the basis for reading a suspect their rights under Miranda v. Arizona
Amendment V
What amendment establishes criminal defendant to include be informed of criminal charges, speedy and public trial, an impartial jury, to confront witnesses, to compel witnesses to appear in court, and the assistance of legal counsel?
Amendment VI
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.
Amendment VI
What amendment guarantees jury trials in federal civil cases that deal with claims of more than $20. This amendment also prohibits judges from overruling findings of fact by juries in federal civil trials.
This is also one of the few parts of the Bill of Rights not to be incorporated (applied to states).
Amendment VII
In suits at common law, where the value in controversy shall exceed twenty dollars, the right of the trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, tan according to the rules of the common law.
Amendment VII
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Amendment VII
What amendment forbids the imposition of excessive bails or fines, though leaving excessive open o interpretation?
This amendment’s most frequently litigated clause is forbidding cruel and unusual punishment. It is often quoted when used against prison administrators, jails, and police lockups when there is an allegation of deprivation of rights of a convicted felon.
The 14th also extends this to non convicted detainees.
Amendment VIII
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Amendment IX
What amendment declares that there are additional fundamental rights that exist outside the Constitution?
This is the foundation for Roe v. Wade, and Planned Parenthood v. Casey
Amendment IX
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
Amendment X
