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.
- Establishes several key freedoms:
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).
- Primary responsibilities:
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