US History: Amendments, Early Political Parties and the Election of 1800

Amendment I

Defining and protecting the 5 core liberties: Freedom of speech, religion, press, assembly, and petition.

Amendment II

Right to bear arms and militia

Amendment III

Prohibits the government from quartering soldiers in private homes without the owner's consent

Amendment IV

Protection against unreasonable searches and seizures, requires a warrant based on probable cause.

Amendment V

Flashcard for Amendment V:

• Protects against self-incrimination (I plead the 5th)

• Guarantees due process of law

• Ensures fair treatment in legal proceedings

• Prohibits double jeopardy

• Protects against government seizure of property without just compensation.

Amendment VI

Explains Due Process: The right to a speedy and public trial, by an impartial jury, right to be informed of the nature and cause of the accusation, to confront witnesses against them, and to have assistance of counsel for their defense

Amendment VII

Right to a jury trial in civil cases exceeding $20.

Amendment VIII

Prohibits cruel and unusual punishment, as well as excessive bail or fines, ensures that punishments are not disproportionate to the crime committed.

Amendment IX

This amendment protects rights not explicitly listed in the Constitution, just because a right was not specifically outlined in the Constitution, that does not mean that it does not exist.

Amendment X

Powers not delegated to the Congress by the Constitution, nor prohibited by it to the states, are reserved to the states or the people

Strict Constructionist

If it does not explicitly state you can do it in the Constitution, you cannot do it, the belief of Jefferson and Democratic-Republicans

Loose Constructionist

If it is not restricted by the constitution, you can do it, belief of Hamilton and the Federalists

Originalism

Follow the constitution how it would have been understood or was intended to be understood at the time it was written.

Federalists

More power to the federal government, led by Hamilton

Democratic-Republicans

Less power to the federal government, led by Jefferson

How did the 3/5ths clause help Jefferson win the electors?

Jefferson got 13 extra electoral votes because he held majority in the southern states that had a large enslaved population

In Jefferson’s inaugural address, what does he say about the “majority rule”?

Jefferson mentions “majority rule” twice. The first, saying that the will of the majority always wins, and the second, you have to accept majority rule (like losing an election) or else you are automatically questioning the constitution and therefore inciting violence.

What was Marbury Vs. Madison?

Landmark Supreme Court case, Adams pushes judges through what is known as “The midnight appointments,” but Marbury’s paperwork did not go through, Madison refuses to deliver it, and Marbury sues him in a case that goes to the Supreme Court. The Court ruled the Judiciary Act of 1808 as unconstitutional, and this case established judicial review, giving the Court power to declare laws unconstitutional.

Midnight Appointments

The term refers to the practice of a president making judicial appointments at the last minute, just before leaving office.

Even though the Supreme Court ruled that the Federalist appointments that Jefferson was so against were invalid, why was he still upset about the outcome of the trial?

For the first time, the Supreme Court named something as “unconstitutional,” and in doing so, greatly expanded it’s power by claiming the right to review the constitutional basis for laws known as “Judicial Review.” Jefferson was angry because, as a Democratic-Republican who wanted less power to the federal government, an UNELECTED party had a new enormous power.

Louisiana Purchase

Land acquisition in 1803 that doubled the size of the United States. Purchased from France for $15 million, it expanded westward from the Mississippi River to the Rocky Mountains.

Why is the Louisiana Purchase significant for President Jefferson, a Democratic-Republican?

Jefferson, a strict constitutionalist, purchases land even though The Constitution does not give him this power. In this way, he acts like a Federalist and a loose constitutionalist which made Federalists mad. This is an important example of Jefferson ignoring the 10th amendment and acting like a Federalist.

Grand Jury

Review evidence presented by prosecutors to determine if there is enough evidence to proceed with a criminal trial.

What is an infamous crime?

A crime in which the accusation itself is destructive to an individual’s reputation.

Probable cause

Legal standard used by law enforcement to justify a search, seizure, or arrest. It requires sufficient evidence to believe that a crime has been committed or that there is a reasonable likelihood of finding evidence related to a crime.

Search Warrant

A legal document authorizing law enforcement to search a specific location for evidence of a crime, requiring probable cause.

War of 1812

Conflict between the United States and Britain from 1812-1815. Causes included maritime disputes, British impressment of American sailors, uprising from Native Americans and their support from the British, and American desire for territorial expansion.

How did sectionalism play a role in the War of 1812?

Southern states who had the most Native uprisings wanted war with Britain and Northern and Maritime states did not want to be cut off from trade so they did not want war. This displays a differing opinion depending on the region of a country, which is what sectionalism is.

Why was the Hartford Convention a “last gasp” for the federalists?

In the Amendments they proposed, in a desperate grab for power against the Southern states, the Federalists were trying to take power away from the Federal government, which goes against everything they stand for. The party loses track of its prime mission by advocating for policies that are examples of the other party’s ideals.

Where can you argue for privacy using the constitution?

4th Amendment, government cannot search you, 9th Amendment, just because privacy is not mentioned in the constitution, that does not mean that it does not exist.