Term
| First Amendment: the Establishment Clause |
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Definition
At minimum, prevents congress from establishing a national religion or a national church.
Also invoked to prevent government from endorsing a religion |
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Term
First Amendment: Free excercise clause (1791)
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Definition
| this clause protects an absolute freedom of belief. |
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| First Amendment: freedom of speech (1791) |
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Definition
| prohibits the gov. from banning speech because it does not agree with the message. |
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| First Amendment: Freedom of the Press (1791) |
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Definition
| The founders saw the right to publish one's views as a natural right, and viewed a free press as a means of ensuring justice in gov. |
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| First Amendment: Freedom of Assembly (1791) |
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Definition
| The right to assemble or gather peacefully is a political right that the founders saw as a vital to ensuring justice in gov. |
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| First Amendment: Freedom of Petition (1791) |
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Definition
| Idividuals have the right to petition the gov. to express their views and ask for change. |
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Definition
| This amendment protects the right to keep and bear arms. |
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Definition
| the gov. cannot force citizens to house soldiers in their homes. |
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Term
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Definition
| Idividuals are protected 'in their persons, houses, papers and effects' from unreasonable searches. If the police-agents of executive branch-wish to search a home or other place for evidence of a crime, they first convince a judge-the judicial branch-that there is enough evidence to obtain a search warrant. |
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Term
| Fifth Amendment: Grand juries (1791) |
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Definition
| in capital or especially 'infamous' or notorious crimes, the gov. must empanel a grand jury to decide whether there is enough evidence to charge the suspect. |
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Term
| Fifth Amendment: Double Jeopardy |
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Definition
the gov. cannot try a defendant for the same crime more than once.
This prevents the gov. from using its power and financial resources to try a suspect over and over until getting a guilty verdict. |
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Term
| Fifth Amendment: Right Agaisnt Self-Incrimination |
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Definition
| the gov. cannot force citizens to testify against themselves. By allowing people to refuse to answer questions that might make them seem guilty, this amendment resolves the conflict between defending oneself and telling the truth. |
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Term
| Fifth Amendment: Due Process |
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Definition
| The gov. may not deprive citizens of "life, liberty, or property" without due process of law. |
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Term
| Fifth amendment: Just compensation |
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Definition
| This is callled the "taking clause." The gov's. power to take privately-owned land in order to build roads, schools, libraries and other public facilities is called eminent domain. |
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Term
| Sixth Amendment: Right to Counsel |
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Definition
| this amendment echoes the language of Article 3 Section 2 of the Constitution, providing a jury trial for all criminal cases. |
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Term
| Sixth Amendment: Speedy trial by an impartial jury |
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Definition
| Defendants have the right to a quick trial by a jury of people who are not involved with the case, and who are not biased against them. Further, the trial must take place in the area where the alleged crime was commited. |
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Term
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Definition
assures a jury trial in civil cases involving more than
20$. Its protections help ensure the administration of justice. |
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Definition
| prohibits excessive fines and bail, as well as cruel and unusual punishments. |
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Term
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| implicity refers to natural rights, which the founders believed all people were born with as the gift of God or nature. they include life, liberty and the pursuit of happiness. |
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