Constitution Amendments, Bill of Rights, and Judiciary Act of 1789

Flashcards covering the Anti-Federalist views, two methods to amend the Constitution, the Bill of Rights ( Amendments I–X), and the key aspects of the Judiciary Act of 1789.

What did Antifederalists criticize the Constitution for not having?

A Bill of Rights.

What are the two avenues to amend the Constitution and have either occurred in U.S. history?

1) A new constitutional convention requested by 2/3 of the states (never happened). 2) A two-thirds vote by both houses of Congress and ratification by 3/4 of the states (has happened 18 times; now 27 amendments).

Why did Federalists fear a new constitutional convention?

It might reverse their victory.

Who drafted and submitted amendments to Congress during the period described?

James Madison.

Madison's draft was based largely on whose Virginia Bill of Rights?

George Mason's bill of rights in Virginia.

What is the Bill of Rights and when were the first ten amendments adopted?

The first ten amendments to the Constitution, adopted in 1791.

What does Amendment I protect, and what is the memory aid for it?

Freedom of religion, speech, press, petition, and assembly (RAPPS).

Which amendment guarantees the right to bear arms?

Amendment II.

Which amendment prohibits the quartering of troops?

Amendment III.

What does Amendment IV protect?

Unreasonable searches and seizures are forbidden.

What does Amendment V guarantee?

The rights of the individual when on trial and the right to life, liberty, and property (due process-related rights).

What does Amendment VI guarantee?

The right to a fair and speedy trial in criminal cases.

What does Amendment VII guarantee?

The right to a trial in civil cases.

What does Amendment VIII prohibit?

Excessive fines and unusual punishments are forbidden.

What does Amendment IX establish?

The people retain rights not enumerated in the Constitution.

What does Amendment X address?

Powers not delegated to the federal government are reserved to the states and the people.

What did the Judiciary Act of 1789 accomplish regarding the Supreme Court and federal courts?

Organized the Supreme Court with a Chief Justice (John Jay) and five associates, organized federal district and circuit courts, and established the office of the Attorney General.

Who was the Chief Justice named in the Judiciary Act of 1789?

John Jay.

What was the ‘fatal provision’ of the Judiciary Act of 1789?

The law stated the Supreme Court could force presidential appointments of judges (overturned in 1803).

What is the memory aid for Amendment I terms, and what does it stand for?

RAPPS — Religion, Assembly, Press, Petition, Speech.