Amendments Definitions Questions – Flashcards

Free Religion-protect religious thought and practice, separation of church and state Free speech and Press- assure the right to speak, publish, and express views Assembly and Petition-protect right to public meetings, political parties, interest groups, and assoc. to discuss public affairs and influence public policy *Rights must be exercised with regards to others rights

Right to Bear Arms- each state can maintain armed force for own protection (national guard) National govt and states regulate use of firerms

Prevent of Forced Quartering of troops- stop what common British practice in colonial times, no importance today (the duck has nothing to do with this; he just looked lonely)

Prevent of Forced Quartering of troops- stop what common British practice in colonial times, no importance today (the duck has nothing to do with this; he just looked lonely)

Searches and Seizures- officials can only search people or seize evidence/people when they have a warrant/court order that they got with probable cause on reasonable grounds exclusionary rule: evidence found in unlawful search/seizure cant be used in court

Grand Jury-someone can be tried for a federal crime only is a grand jury charged them/accused them with it Double Jeopardy- cannot be tried twice for the same crime Self-Incrimination- no one can be forced to talk/answer to something that could lead to their incrimination Due Process- no unfair,arbitrary action by government Eminent Domain- govt can take private property for public purpose, but must pay fairly for it

Speedy trial- person accused of crime has the right to be tried in court without undue delay and with an impartiol jury Witnesses- defendant can cross examine hostile witnesses and can require testimony of favorable witnesses Attorney- right to be rep by an attorney at every stage in the criminal process Charge- defendant must be informed what they are charged with that the trial is on

Civil cases- in federal courts only, doesnt involve criminal matters, is a dispute btw private parties or the govt and a private party Jury- amount of money involved must be more than $20 to guarantee trial by jury; both parties can agree to have a trial by judge, no jury (bench trial) if they want to

Bail- bail or fine must not be excessive (consider severity of crime) Cruel and Unusual Punishment- prevents punishments that are too harsh/severe (consider severity of crime)

Unalienable and Unenumerated Rights-the rights in the constitution are not the only rights that people have

States Powers-in the Constitution, powers not granted to the national govt and not forbidden to the states belong to the states and their people

Suits against the states- no state can be sues in federal court by a resident of any state or foreign country of by a foreign country

Separate Election of President and VP- electors vote for Pres and VP separately and send the documents to congress and the president of the senate opens them nd they are counted Person with most votes is pres, but if not majority, then HOR votes on top ones (3 at most) to see which is pres, each state gets a vote, majority is necessary If no VP majority senate chooses in same way P and VP have same qualifications

Slavery- Forbids slavery in US and any US territory, forms of forced labor (except punishments for crimes)

Citizenship- people can get citizenship through birth or naturalization, due process forbids a state to act in an arbitrary way, equal protection clause forbids a state to discriminate against ppl Representation- replaced 3/5 Compromise, All ppl in US are counted in each decennial census, the basis for the distribution of house rears Balance of this section is thought to be obsolete thas never been enforced Civil war issues- Pres power to pardon confederacy leaders limited, congress removed this in 1898, Section 4 reaffirmed the public and prohibited any compensation of former slave owners

Right to Vote (Race,Color,Servitude)- forbids the states from discriminating against any person on the grounds of his "race, color, or previous condition of servitude" Doesnt guarantee right to vote

Income Tax- gives cong right to levy income tax direct tax without regard to population of srates

Popular Elections of Senators- senators elected directly by the people; if vacancy, gov. of the state calls an election or appoints a senator until the next election (state leg must authorize)

Alcohol Prohibition- outlawed making, selling, transporting, importing, and exporting of alcoholic beverages

Equal Suffrage (Sex)- cant be denied right to vote based on sex

Commencement of term- date on which Pres and VP take office moved from March 4 to Jan 20, Congress begin terms on Jan 3 Sessions of Congress-Congress must assemble once (or more) every yr on Jan 3 Death/DQ of Pres Elect- If Pres dies or Pres not elected, VP act as Pres until one chosen

Repeal Prohibition- gives states power to regulate import and export and distribution of liquors

Presidential Tenure-no president can serve more than 2 terms except when VP replaces Midterm (still cant serve ;10 years)

DC Pres Elections- DC can vote in pres elections, same # of electors as least populous state (no more than 3)

Right to Vote in Federal Elections (tax)- outlawed the payment of any tax as a condition for taking part in the nomination or election of any federal office holder

Presidential Succession- VP is Pres if Pres go bye bye (revised) VP Vacancy- Pres nominate a VP with majority vote in both houses Pres Inability- If pres cant do stuff, VP is new Pres

Right to Vote (age)- voting age minimum cant be over 18, states can set minimum below 18

Congressional Pay- limits congress pwr to fix salaries of members by delaying effectiveness of pay increase until after the next regular congressional election

Congressional Pay- limits congress pwr to fix salaries of members by delaying effectiveness of pay increase until after the next regular congressional election

Congressional Pay- limits congress pwr to fix salaries of members by delaying effectiveness of pay increase until after the next regular congressional election

Congressional Pay- limits congress pwr to fix salaries of members by delaying effectiveness of pay increase until after the next regular congressional election