The Bill of Rights flashcards 2.4 notes

Massachusetts led the way, the other states agreed to ratify the Constitution under the condition that the amendments would be added immediately 

Who led the way for the other states with the Constitution?

Once ratification was secured in 1788, James Madison began drafting amendments to address concerns

When was ratification secured and who drafted the amendments?

Magna Carta, English Bill of Rights and suggestions from state delegates on additional protections

What were James Madison’s proposals influenced by?

The Magna Carta is the right to petition and a fair trial

What is the Magna Carta?

The English Bill of Rights is the right to bear arms and ban cruel or unusual punishment

What is the English Bill of Rights?

There are 10 amendments in the Bill of Rights

How many amendments are there in the Bill of Rights?

The judicial branch interprets the Constitution using past rulings that guide future decisions 

What is the judicial branch?

The first amendment guarantees freedom of religion, speech, press, assembly, and petition

What is the first amendment for the Bill of Rights?

Courts expanded the first amendment to include protections for campaign contribution, school, and censorship issues

What did courts expand the first amendment to include?

The second amendment is originally tied to state militias (1939), later rulings affirmed individual gun ownership rights (2008)

What is the second amendment for the Bill of Rights?

The third amendment forbids quartering soldiers in homes, a right that has remained unchanged 

What is the third amendment for the Bill of Rights?

District of Columbia v. Heller (2008) is a Supreme Court Case that established the Second Amendment protects an individual rights to possess firearms, particularly for self defense in the home

How does District of Columbia v. Heller (2008) case involve the Second Amendment? 

The fourth amendment requires probable cause for search warrants, protecting against unlawful searches and seizures 

What is the fourth amendment in the Bill of Rights? 

Katz v United States (1967) shifted the focus of the Fourth Amendment from physical places to people and their reasonable expectations of privacy 

How does the Katz V United States (1967) case involve the Fourth Amendment?

The fifth amendment protects legal and economic rights

What is the fifth amendment in the Bill of Rights?

1. Double Jeopardy 

2. Due process 

3. Right to remain silent 

4. Grand jury

What are rights involved in the fifth amendment? 

The sixth amendment guarantees a speedy public trial by jury legal counsel, and witness confrontation

What is the sixth amendment in the Bill of Rights?

The seventh amendment ensures jury trials in federal civil cases for claims over $20

What is the seventh amendment in the Bill of Rights?

The eight amendment protects against excessive fines, bails, and cruel or unusual punishment 

What is the eighth amendment in the Bill of Rights? 

In Furman v. Georgia (1972), the Supreme Court ruled the death penalty violated the Eighth Amendment’s ban on cruel and unusual punishment because it was discriminatory 

How does the Furman v. Georgia (1972) case involve the Eighth Amendment?

The case of Gideon v. Wainwright (1963) established that the Sixth Amendment right to a lawyer includes the right to a free court appointed attorney for any criminal defendant who cannot afford one 

How does Gideon v. Wainwright (1963) case involve the Sixth Amendment?

The Supreme Court case of Tull v US (1987), dealt with the right to a jury trial to determine the liability under the Seventh Amendment 

How does Tull v. US (1987) case involve the Seventh Amendment? 

Miranda v Arizona (1966) involves the Fifth and Sixth Amendments. It established that before an interrogation, police must inform suspects of their rights 

How does Miranda v. Arizona (1966) case involve the Fifth Amendment?

The Ninth amendment clarifies that citizens have rights beyond those listed in the Constitution, such as the right to privacy (1963 ruling on contraception bans)

What is the ninth amendment in the Bill of Rights?

The Tenth amendment grants state control over all powers not given to the federal government

What is the tenth amendment in the Bill of Rights?

Local government, education, business, and past issues like slavery and marriage laws are given in the tenth amendment

What are some examples of the powers given to the states with the tenth amendment?

The commerce clause has allowed federal interference in some state matters, such as funding for schools, social programs, and defense

What is the impact of the commerce clause with the tenth amendment?

Roe v. Wade decision in 1973 limited state control over abortion, which opponents argued violated the Tenth Amendment by creating a federal right where none existed

How is Roe v Wade (1973) case involved in the Tenth Amendment?

When the Supreme Court overturned Roe v Wade in 2022, it returned the power to regulate or ban abortion back to the states

What happened when Roe V Wade (1973) was overturned in 2022?