Amendment Study Guide Flashcards

Amendment 1: What five freedoms are guaranteed by the first amendment? Explain each.
S-Speech (Freedom of speech is the right to speak freely in public places. BUT, you need to be responsible. For example, you cannot yell "fire" in a crowed area and cause panic.)
P-Press (Free press is the best protection against government abuses. Newspapers, magazines, radio, and television can publish any government wrongdoing so long as it is true. A lot of people use this as an opportunity to voice their opinion about the government. BUT, you can't publish false accusations or publish information that would be helpful to an enemy during wartime.)
R-Religion (Freedom to practice any religion or no religion at all. BUT, parents can't deny their children medical attention or vaccinations because of their religious beliefs.)
A-Assembly (Freedom to peacefully assemble with others like in parades, protest marches, and political rallies. BUT, you can't close public streets, buildings, or cause riots.)
P-Petition the government (ask the government to fix wrongs committed against them.)
Amendment 2: This amendment provides for "the right to bear arms." What does this mean?
Citizens have the right to own and carry weapons for use in state militias and for self-defense. BUT, there are RESTRICTIONS: the person can't be a felon (a person who committed a felony crime,) must be 18 years old or older, and have permission from the state to carry a gun. You CAN'T carry any weapon you want. For example, you can't carry a machine gun.
Amendment 3: Quartering of soldiers. What dose this mean?
A soldier cannot stay at a homeowner's house during peacetime or war WITHOUT the owner's consent. The owner MUST AGREE to quarter a soldier of the U.S. during peace. This prevents the government from forcing citizens to house soldiers similar to quartering British soldiers before the Revolution.
Amendment 4: This amendment protects against unreasonable search and seizure.
Government officials (police, FBI, etc.) cannot search citizens or their property without a search warrant. A person's property can only be searched with a search warrant issued by a judge. The search warrant has to state WHO will be arrested and WHAT will be searched and WHERE the search will take place.
Amendment 5: Rights in Criminal Cases- protects the rights of the accused
Five important rights of citizens involved with the justice system: First, the right to a grand jury hearing. A grand jury is a group of citizens who hear the evidence and decides whether the case should go to trial. A grand jury decides indictments in federal cases. An indictment is a formal charge against someone, for example, a charge of stealing money. A petit jury decides if a person on trial is guilty. Second, it protects citizens from "double jeopardy," a person who is tried for a crime and found not guilty cannot be tried again for that same crime. Third, the amendment bans self-incrimination, which means that the police cannot force people to say things that might be used against them in a trial. This is known as "Miranda Rights." When the police arrest anyone, they must remind people of their right to remain silent, free legal representation, anything you say can and will be used against you in a court of law. In court, people may refuse to answer questions that might damage their case by 'taking the Fifth." They are referring to the Fifth Amendment protection against self-incrimination. Fourth, Due Process of the Law means doing things exactly as it is written in the law. For example, everyone is presumed innocent until proven guilty in a court of law and it is the government's responsibility to prove its case against a defendant beyond a reasonable doubt. Fifth, the government can't take someone's property for public use without paying a FAIR price for it. This is called EMINENT DOMAIN, the government can take a person's property if it will benefit (help) "the people" and the government pays a fair price for it.
Amendment 6: Right to a Fair Trial
An accused person has the right to a speedy (prompt) and public trial by an impartial, (objective or neutral), jury. An accused person has the right to be judged by a jury of people who live in his or her area. An accused person has the right to know what they have been charged (accused) with. An accused person, also known as the defendant or silence witnesses against them. Lastly, a defendant has the right to a lawyer if they cannot afford to pay for one.
Amendment 7: Civil Trial Rights
Some trial decide civil cases, or disputes between people or businesses. This amendment guarantees that people involved in civil cases have a right to a jury trial. A civil case typically involves television, you could sue them in a civil trial. Once the jury decides the facts of the case, a judge cannot overrule the jury's decision.
Amendment 8: Bail and Punishments
This amendment limits fines, bails, and punishments. Bail and fines that are set by a court must be reasonable. Bail is money or property given to the court to hold until the accused person shows up for his/her trial. An example of excessive bail is demanding the person pay a 1 million dollar bail for not paying speeding tickets. Punishments for crimes cannot be cruel or unusual for any reason. For example, a judge cannot sentence a guilty person to a life sentence in prison for stealing candy.
Amendments 9: Rights retained by the People
U.S. citizens have more rights than the ones listed in the Bill of Rights. For example, citizens have the right to privacy. This right is not listed in the Constitution but er all have that right.
Amendment 10: Powers Reserved to the States
Powers not given to the U.S. government by the Constitution are given to the states and people