Bill of Rights Study Guide

What are the 5 freedoms covered by the 1st?

Religion, Assembly, Petition, Press, Speech

Explain the establishment clause

Separates church and state, prevents the government from establishing or endorsing one religion

Explain the prohibition clause

The government can’t prohibit religious practices of any one religion

Explain the free exercise clause

Protects personal religious practices and beliefs

Explain the controversy over the 2nd amendment.

Whether this amendment protects personal rights to own guns or a state-organized militia

What has been the courts stance on the 2nd amendment issues?

The Court has allowed the personal ownership of guns for only self defense but rules in favor of gun regulations and safety laws

Explain what the 3rd amendment does?

prevents the government from forcing citizens to house soldiers in their private homes without consent during peacetime

Why did the founding fathers include this in the Bill of Rights?

British Parliament passed Quartering Acts

What is protected by the 4th?

protects individuals from unreasonable searches and seizures by the government

Explain the warrant clause and probable cause.

Warrant clause: no warrants shall be issued except upon probable cause

Probable clause: sufficient facts and circumstances provide reasonable evidence that a crime has occurred.

Explain particularity requirement.

mandates that search warrants must describe with specificity the place to be searched, and the persons or things to be seized, preventing broad, exploratory searches and ensuring officers only look for and take items related to probable cause, not general evidence

As an American, when are your 5th amendment rights practiced?

your Fifth Amendment rights are practiced whenever you are facing potential legal jeopardy, most famously the right to remain silent ("pleading the Fifth")

What is double jeopardy

prevents someone from being prosecuted or punished multiple times for the same crime after an acquittal or conviction

Explain “pleading the fifth”.

You can refuse to speak or provide testimony that could be used against you in a criminal case.

Explain the effect of the Miranda v. Arizona case in the understanding of the 5th.

transformed the Fifth Amendment's self-incrimination protection by requiring police to issue Miranda warnings before custodial interrogations, establishing that confessions are inadmissible unless suspects are informed of their right to remain silent

What is due process of law?

The Fifth Amendment provides that no person shall be deprived of life, liberty, or property, without due process of law. Generally, due process guarantees protect individual rights by limiting the exercise of government power

Explain eminent domain.

Eminent domain is the government's power to seize private property for public use, even without the owner's consent, provided they offer "just compensation" (fair market value)

What rights are covered by the 6th?

The Sixth Amendment guarantees rights for people accused of crimes, including the right to a speedy and public trial by an impartial jury, to be informed of the charges, to confront witnesses, to subpoena witnesses, and to have the assistance of a lawyer (even if they can't afford one)

Explain the difference between civil and criminal cases.

Civil Cases: Plaintiff (person/entity suing) vs. Defendant. To resolve private disputes, compensate for harm (money, actions).

Criminal Cases:The Government (Prosecutor) vs. Defendant. To punish wrongdoing, deter crime (fines, jail).

What is prohibited by the 8th?

prohibits excessive bail, excessive fines, and cruel and unusual punishments

Explain the purpose of the 9th?

to ensure that the list of rights mentioned in the Constitution and Bill of Rights is not used to deny other, unlisted rights that belong to the people

What is the purpose of the 10th?

to define federalism

What does the 10th amendment attempt to do?

The 10th amendment simplifies the division of power by stating that any power not given to the federal government by the Constitution, nor forbidden to the states, belongs to the states or the people

What powers does it give to the states?

any powers not specifically given to the federal government, nor withheld from the states (Ex. Police Powers, Education, Elections, Local Government, Licensing, Marriage Laws, Welfare Programs)

Explain what the 13th Amendment did

formally abolished slavery and involuntary servitude throughout the United States, except as a punishment for a crime

Explain what the 14th Amendment did

fundamentally expanded civil rights by granting citizenship to all persons born or naturalized in the U.S., including formerly enslaved people, and guaranteeing all citizens equal protection of the laws, due process, and privileges and immunities

Explain what the 15th Amendment did

granted African American men the right to vote

What are the 13th, 14th, and 15th Amendments called?

the Reconstruction Amendments, sometimes called the Civil War Amendments

Explain what the 16th Amendment did

Grants Congress the power to collect a federal income tax without basing it on state populations.

Explain what the 17th Amendment did

Established the popular election of U.S. Senators by the people of each state rather than by state legislatures.

Explain what the 18th Amendment did

prohibits the manufacture, sale, and transportation of alcohol (not consumption, possession, or production for personal use)

What are the 16th, 17th, and 18th Amendments called?

the Progressive Era Amendments

Explain what the 19th Amendment did

women’s suffrage due to workforce roles during WWII

Explain what the 20th Amendment did

shortened the "lame duck" period by moving inauguration day to January 20th and Congress's start date to January 3rd

Explain what the 21st Amendment did

Repealed the 18th amendment, legalized alohol again

Explain what the 22nd Amendment did

Set the term limit for the presidential office to two (2) terms of four (4) years

(and not exceed 10 if you take over for president.)

Explain what the 23rd Amendment did

it gives residents of Washington, D.C. the right to vote in U.S. Presidential elections

Explain what the 24th Amendment did

Made poll taxes illegal

Explain what the 25th Amendment did

Set up presidential succession (President, Vice Pres., Speaker of the House, Pres. pro tempore of Senate, Secretary of State, then down the cabinet)

Explain what the 26th Amendment did

Lowered the voting age from 21 to 18 years old due to young men being sent off to Vietnam war in draft.

Explain what the 27th Amendment did

Congress can't give itself a pay raise until after the next election, preventing them from voting for higher salaries right before leaving office