amendments

studied byStudied by 2 people
0.0(0)
get a hint
hint

1st amendment

1 / 9

encourage image

There's no tags or description

Looks like no one added any tags here yet for you.

10 Terms

1

1st amendment

  • freedom of expression

    • RAPPS: religion, assembly, press, petition, speech

      *cannot be violent and rights are highly limited —> not absolute protection

    • clauses:

      • free exercise clause

      • establishment clause

    • limits:

      • religion: cannot harm others

      • assembly: must have a permit, cannot be violent and cause harm

      • press: cannot lie, no personal information, cannot threaten others

      • petition: cannot threaten/harm, permission/approval in schools

      • speech: cannot promote violence (big controversy with hate speech)

New cards
2

2nd amendment

  • right to bear arms

    • originally applied for militia purposes, but the supreme court interpreted it as an individual right

      • district of columbia v. heller

    • the framers did not anticipate the controversy today

New cards
3

3rd amendment

  • does not allow the “quartering” (housing) of soldiers

    • there is no supreme court case on this

      *quite irrelevant today since it does not occur

New cards
4

4th amendment

  • people should be secure against unreasonable searches and seizures

    *occurs before you’re arrested

    • not needed if it concerns national security, schools, and if you give permission (which you should never)

      • probable cause

      • warrants

      • exclusionary rule

    • limits:

      • no warrant is needed if it is in plain sight, there is immediate danger, if given permission, or in schools

New cards
5

5th amendment

  • right to due process

    *when being arrested

    • given to defend from the federal government

      *only right given in schools

    • procedures:

      • self-incrimination

      • “plead the 5th”

      • eminent domain

      • double jeopardy

    • all government laws and procedures must be fair and reasonable when someone is accused of a crime

      • miranda rights —> application of the 5th amendment

    • limits

      • not given if accused of terrorism (the patriot act)

New cards
6

6th amendment

  • right to a fair and speedy criminal trial

    *occurs after you’re arrested

    • right to an impartial jury

    • right to a lawyer/attorney to defend you

      *you must be told what crime you are being accused of, to confront and be confronted by witnesses

New cards
7

7th amendment

  • right to a trial by jury in all civil cases

    *civil trials: trials with other citizens

    • usually for money (not the government or criminal cases)

New cards
8

8th amendment

  • no one should suffer from excessive bail or punishment

    • should fit the crime

      • no cruel or unjust punishment

    • capital punishment: the death penalty

      • not a violation of the 8th amendment

        (still legal in 27 states and the federal government)

    • limits: minors and those who are mentally disabled cannot get the death penalty

New cards
9

9th amendment

  • powers not specifically listed are given to the people

    • people’s rights

      *legacy of the federalists

New cards
10

10th amendment

  • powers not given to the federal government are given to the states

    • states’ sights

      *whatever is not an enumerated power is given

New cards

Explore top notes

note Note
studied byStudied by 71 people
Updated ... ago
5.0 Stars(1)
note Note
studied byStudied by 6 people
Updated ... ago
5.0 Stars(1)
note Note
studied byStudied by 3 people
Updated ... ago
5.0 Stars(1)
note Note
studied byStudied by 6 people
Updated ... ago
5.0 Stars(1)
note Note
studied byStudied by 8 people
Updated ... ago
5.0 Stars(1)
note Note
studied byStudied by 12 people
Updated ... ago
5.0 Stars(2)
note Note
studied byStudied by 6 people
Updated ... ago
5.0 Stars(1)
note Note
studied byStudied by 54 people
Updated ... ago
5.0 Stars(2)

Explore top flashcards

flashcards Flashcard44 terms
studied byStudied by 11 people
Updated ... ago
4.4 Stars(5)
flashcards Flashcard202 terms
studied byStudied by 4 people
Updated ... ago
5.0 Stars(1)
flashcards Flashcard156 terms
studied byStudied by 177 people
Updated ... ago
4.5 Stars(2)
flashcards Flashcard34 terms
studied byStudied by 8 people
Updated ... ago
5.0 Stars(1)
flashcards Flashcard72 terms
studied byStudied by 5 people
Updated ... ago
5.0 Stars(1)
flashcards Flashcard99 terms
studied byStudied by 47 people
Updated ... ago
5.0 Stars(1)
flashcards Flashcard55 terms
studied byStudied by 2 people
Updated ... ago
5.0 Stars(1)
flashcards Flashcard123 terms
studied byStudied by 581 people
Updated ... ago
4.0 Stars(4)