Term
| The First Amendment Guarantees which rights and how many? |
|
Definition
SIX (of five, depending on how you view 1 and 2)
1) congress shall make no law respecting an est. of religion
2) or prohibiting exercise thereof
3) or abridging the freedom of speech
4) or of the press
5) or the right to assemble
6) and to petition the Government for a redress of grievances |
|
|
Term
| What does the second Amendment guarantee? |
|
Definition
The Right to Bear Arms.
a well regulated militia (voluntary army) being necessary to the security of the state, the right of the people to KEEP and BEAR ARMS shall not be infringed |
|
|
Term
| Which amendments were made to protect the new American people from tyranny of a foreign government? |
|
Definition
#2 - Right to Bear Arms
#3 - Quartering of soldiers (no solider shall, without consent of the owner, nor in time of war, be quartered in a civilian home)
#4 - Search and Seizure - to secure your home against unreasonable searches (unless warrants are issued with probable cause) |
|
|
Term
| Which amendments guarantees your right to refuse the government to search within your home without a warrant? |
|
Definition
| Amendment 4 - Search and Seizure |
|
|
Term
| What is the "Due Process Clause"? |
|
Definition
| Amendment 5 - Trial and Punishment/ Compensation for Takings -- says No man can be deprived of life, liberty or property without DUE PROCESS OF LAW (no person shall be held to answer for a crime against themselves- nor shall his property be taken for public use without compensation) |
|
|
Term
| What rights does the 5th Amendment Protect? |
|
Definition
1) no person shall be subject for the same offense to be twice put in jeopardy of life or limb (double jeopardy)
2) one cannot be made to witness against himself
3) a man cannot be deprived of life, liberty or property without due process of law
4) your property cannot be taken for public use without compensation |
|
|
Term
| Give an example of substantive due process vs. procedural. What amendment does this come from? |
|
Definition
Substantive: Life, liberty and property
Procedural: due process of law
The 5th Amendment |
|
|
Term
| Which amendment guarantees you the right to a speedy trial? |
|
Definition
|
|
Term
| which amendment guarantees you a trial by jury in civil cases? |
|
Definition
|
|
Term
| which amendment protects you from cruel and unusual punishment? |
|
Definition
|
|
Term
| which amendment sets judicial limits on the united states/ congress? |
|
Definition
|
|
Term
| What does amendment 10 state? |
|
Definition
| Powers of the States and People. That powers not delegated to the US by the constitution are reserved to the states, or the people. |
|
|
Term
| Name some of the powers of congress, est. in Section 8 of the constitution. |
|
Definition
Congress can:
Collect taxes (to provide for the common defence and general welfare of the people) BUT all taxes must be uniform .
To borrow money. To regulate commerce with foreign nations (and with Indians).
To est. an uniform RULE OF NATURALIZATION.
To coin money. (To punish counterfeiting.)
To establish post offices and post roads.
To declare war.
THE NECESSARY AND PROPER CLAUSE. |
|
|
Term
| what is the Necessary and Proper Clause? Also called the Elastic Clause? |
|
Definition
Found in Article 1, SECTION 8
Congress can make all laws which shall be necessary and proper for carrying into execution the foregoing powers, all all other powers vested by this constitution in the government of the united states |
|
|
Term
| Name parts of the constitution that could be interpreted as pro-slavery. |
|
Definition
Article 1, Section 9 - The first clause acknowledges the existence of slavery, puts a tax limit on persons imported and says laws cannot be changed until 1808.
(Could also be argued it was put there to enable the end of slavery- by calling them persons.)
Article 4, Section 2 - A person held in service in one state that escapes to another states, shall not be discharged from slavery but returned to their owner.
BUT Article 4, Section 2 ALSO states that the citizens of the each state shall be entitled to all privileges and immunities of citizens in |
|
|
Term
| Name a part of the constitution that limits the judicial reach of congress. |
|
Definition
| Article 3, Section 2 -- ORIGINAL JURISDICTION -- Congress has no reach to state issues until it first goes through lower state courts -- The original jurisdiction of a court is the power to hear a case for the first time as opposed to appellate jurisdiction when a court has the power to review a lower court's decision. |
|
|
Term
"We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence,[2] promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America."
What is this from? |
|
Definition
THE PREAMBLE TO THE CONSTITUTION.
The Preamble serves solely as an introduction, and does not assign powers to the federal government,[3] nor does it provide specific limitations on government action. Due to the Preamble's limited nature, no court has ever utilized it as a decisive factor in case adjudication,[4] except as regards frivolous litigation.[5] |
|
|
Term
"When in the Course of human events it becomes necessary for one people to dissolve the political bands which have connected them with another and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation."
What is this from? |
|
Definition
| Declaration of Independence - which was a list of grievances against the British tyranny |
|
|
Term
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. — That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, — That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.
What is this from? |
|
Definition
| The second paragraph of the Declaration of Independence |
|
|
Term
| Which document secures natural rights? |
|
Definition
|
|
Term
| What does Popular Sovereignty mean? |
|
Definition
| "We the People" found in the preamble. |
|
|
Term
| Which amendment abolished slavery? |
|
Definition
| The 13th - abolished slavery and involuntary servitude (except as a punishment for crime) |
|
|
Term
| Explain the 14th Amendment. |
|
Definition
1) All persons born or naturalized in the US are subject to jurisdiction therefore. They are CITIZENS OF THE UNITED STATES.
2) No state shall make any law which shall abridge the privleges or immunities of citizens
3) no state shall deprive any person of LIFE LIBERTY OR PROPERTY without due process
4) Nor deny any person within its jurisdiction the equal protection of the law |
|
|
Term
|
Definition
By James Madison
The interest of the man must be connected with the constitutional rights of the place.
Justice is the end of government. |
|
|
Term
|
Definition
james madison
Liberty is to faction what air is to fire.
There are two methods of curing the mischeifs of faction: by removing its causes and controlling its effects. |
|
|
Term
| What is the 3/5ths compromise? |
|
Definition
Article 1, Section 2
taxes shall be apportioned among states according to their population- which is added by free persons (including those bound to service for an amount of years), excluded indians that are not taxed, and 3/5ths of other persons (which are slaves).
Proslavery HOWEVER does recognize the slaves as persons. |
|
|
