mt ss p4

Constitutional Amendments and Rights

  • Fifth Amendment

    • Prohibits double jeopardy: You cannot be tried twice for the same crime.
    • Due process: Guarantees that the government must follow legal procedures.
    • Self-incrimination: Refers to the right to remain silent to avoid providing information that may incriminate oneself.
    • Eminent Domain: Government's power to take private property for public use, providing just compensation.
  • First Amendment Rights

    • Establishes several key freedoms:
      • A. Freedom of Speech
      • B. Freedom of Religion
      • C. Freedom of Press
      • D. Freedom to Assemble
    • Limitations of First Amendment:
      • Cannot threaten individuals or engage in harmful actions.
      • Does not protect actions that damage property during protests.
  • Fourth Amendment

    • Protects against unreasonable searches and seizures.
    • Law enforcement must have probable cause to search or seize property.
  • Ninth and Tenth Amendments

    • Ninth Amendment: Non-enumerated rights: Rights not specifically listed are still protected.
    • Tenth Amendment: Powers not delegated to the United States by the Constitution are reserved to the states or the people.

Legislative Branch and Congress

  • Congress:

    • Primary responsibilities:
      • A. Make laws for the country.
      • B. Debate laws and whether they comply with the Constitution.
      • C. Impeach the president (though this is not a primary duty).
  • Final Step for Legislation:

    • A bill becomes law when it is signed by the president.
  • Structure of the Senate:

    • Every state has two senators to ensure equal representation, regardless of state size.
  • Checks and Balances:

    • A principle that prevents any one branch of government from becoming too powerful.
  • Majority Rule:

    • Decisions reflect the preferences of more than half the voting public.

Judicial Branch and Powers

  • Judicial Branch's Responsibility:

    • To resolve disputes under the law and ensure laws are interpreted fairly.
  • Judicial Review:

    • The Supreme Court's power to declare a law unconstitutional.

Constitutional Convention and Federalism

  • Original Purpose (1787):

    • To revise the Articles of Confederation, addressing weaknesses in governance.
  • Greatest Challenges:

    • Balancing interests of free and slave states and resolving urban versus rural concerns.
  • New Jersey Plan:

    • Proposed equal representation for all states regardless of size.
  • Federalism:

    • The division of powers between federal, state, and local governments.

Historical Context

  • Preamble of the Constitution:
    • Starts with