Amendments Definitions Questions

1st Amendment
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

2nd Amendment
Right to Bear Arms- each state can maintain armed force for own protection (national guard)
National govt and states regulate use of firerms

3rd Amendment
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)

4th Amendment
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

5th Amendment
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

6th Amendment
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

7th Amendment
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

8th Amendment
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)

9th Amendment
Unalienable and Unenumerated Rights-the rights in the constitution are not the only rights that people have

10th Amendment
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

11th Amendment
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

12th Amendment
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

13th Amendment
Slavery- Forbids slavery in US and any US territory, forms of forced labor (except punishments for crimes)

14th Amendment
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

15th Amendment
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

16th Amendment
Income Tax- gives cong right to levy income tax direct tax without regard to population of srates

17th Amendment
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)

18th Amendment
Alcohol Prohibition- outlawed making, selling, transporting, importing, and exporting of alcoholic beverages

19th Amendment
Equal Suffrage (Sex)- cant be denied right to vote based on sex

20th Amendment
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

21st Amendment
Repeal Prohibition- gives states power to regulate import and export and distribution of liquors

22nd Amendment
Presidential Tenure-no president can serve more than 2 terms except when VP replaces Midterm (still cant serve ;10 years)

23rd Amendment
DC Pres Elections- DC can vote in pres elections, same # of electors as least populous state (no more than 3)

24th Amendment
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

25th Amendment
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

26th Amendment
Right to Vote (age)- voting age minimum cant be over 18, states can set minimum below 18

27th Amendment
Congressional Pay- limits congress pwr to fix salaries of members by delaying effectiveness of pay increase until after the next regular congressional election