Gov Quiz- Amendments

1st Amendment

Freedom of Speech, Religion, Assembly, Press

What did Justice Oliver Wendell Holmes write

(1919) The most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic

Secular

Separate from religion

National Security…

Trumps about everything, in time of war especially

2nd Amendment

Well regulated militia is necessary to the security of a free state. Right to bear and conceal arms

Where does Tennessee constitution say we have right to keep and bear arms for common defense but legislature has power to regulate

Article I - Declaration of Rights - Section 26

3rd Amendment

Nobody is forced to quarter a soldier or member of government except in time of war. Implies right to privacy

4th Amendment

Right to be secure in your persons, houses, effects, and paper against unreasonable search and seizure without a warrant

Who can issue a warrant?

Judge or magistrate

What is needed to get a warrant

Probable cause

Probable cause

More than 50% chance someone is involved in a crime

When can a cop search without a warrant?

If exigent circumstances are present

5th Amendment

Protects against self-incrimination. Pleading the fifth, right to remain silent. No double jeopardy and right to due process. Government can’t take your land without compensation

What is due process?

Means that trials will be conducted fairly and within the bounds of the law. For example, anyone accused of a crime can expect to go through a set procedure and therefore has a right to due process.

Eminent Domain

Government can take private land for public use

6th Amendment

Right to speedy and public trial by impartial jury of the state and district where the crime was committed

Pro se?

Not having an attorney and representing yourself

7th Amendment

It protects the right for citizens to have a jury trial in federal courts with civil cases where the claim exceeds a certain dollar value. ($20 or 75k min)

8th Amendment

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment

Purpose of 8th amendment/bail

To assure defendant will come to court

9th Amendment

Right of citizens are protected even if not listed

10th Amendment

Federal government only has powers granted by the constitution

How old to be a member of the House of Reps

25

How old to be a Senator

30

How old to be President

35

Purpose of patents

Allow individuals to profit from their own creations and to facilitate the distribution of knowledge. Promote growth of business and technology

When did Congress make vote for President

In 1801 they voted Thomas Jefferson as president

No president has won with fewer than…

23 states

You can win presidency with…

The right 12 states

Who votes if tie in Senate

Vice President

Gerrymandering

Creating the map to give one political party an apparent advantage

When does president take office

January 20th

By how much did Georgia go blue in 2020

By .24% making it the narrowest win in hsitory

Which Presidents lost popular vote but won electoral vote?

John Quincy Adams, Rutherford B Hayes, Benjamin Harrison, George W. Bush Jr., Donald Trump

When does congress certify election

January 6th