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48 Cards in this Set

  • Front
  • Back
What is the process to get an amendment in the constitution?
1) Congress will propose an amendment, must be approved by 2/3 in both houses
2) proposed amendment goes to the states, NOT approved @ this point, 3/4 states must approve
3) Either the state legislature approves it by a majority or there is a special convention called
By what margin must a proposed amendment be approved by in Congress?
By what margin must a proposed amendment be approved by when it reaches the states?
Which was the only amendment approved by special convention?
the 21st Amendment
What does ARTICLE six deal with?
The supremacy of the constitution above all laws, state law/constitution cannot conflict with national law/constitution, and treaties are made by the nat govt, not states
Who were the people who wanted a bill of rights?
the Anti-Federalists
When did the new government come into effect?
1st Amendment =
Freedom of/to:
1) Religion
2) Press
3) Speech
4) Assemble
Where is the establishment clause and what is included in it?
It is in the 1st Amendment and it says that congress cannot establish one religion over another = separation of church and state. US pays for Chaplains in army, so does not mean no religious/govt involvement
Freedom of the press gives you the right to criticize __________, not __________
job performance, personal stuff
2nd Amendment =
The right to bear arms; basically it's a political issue, it's constitutionally allowed
3rd Amendment =
Quartering of soldiers; only allowed to do so in times of war as passed by law in Congress, not an issue today because we have military bases
4th Amendment =
Search & seizure of personal property
How do you get a search warrant?
1) issued by judge
2) show probable cause (very specific)
3) where you want to search (buildings, addresses)
4) what you are looking for
5) who you're searching (if you know their name)
Can you search a home without a warrant?
YES - if the officer is given permission to do so.

If you own an appartment w/ someone and they aren't there, police can only search your room and places of commons
Can you as an individual be search w/ probable cause but no warrant?
YES - if they think you've committed a crime, where a weapon could be produced or evidence could be destroyed wi/in the area in your immediate control
5th Amendment =
Rights of a person ACCUSED of a crime
1) commit fed crime = right to grand jury hearing
2) cant be forced to give evidence against yourself, but they can trick you all they want
3) no double jeoprady
4) entitled to due process of law
5) imminent domain = right for govt to take private property w/ just compensation
Does a grand jury determine guilt or innocence?
NO - it decides whether or not there is enough evidence for you to proceed to trial
What's the deal with double jeopardy?
You can't be tried for the same crime twice, unless the jury doesn't agree on a verdict.

Appeal does not = trial
What's the deal with imminent domain?
It's the ability of the government to take private property for public use with just compensation
6th Amendment =
Rights you have AFTER you've been charged w/ crime
1) right to fair and speedy trial
2) right to attorney/lawyer
3) right to compel witnesses
4) right to know what you've been charged with
8th Amendment =
Protection against cruel and unusual bail and punishment
Is the death penalty cruel and unusual punishment?
NO - because the courts ruled that it isn't. "Cruel and unusual" is determined by the courts.
Do you always have a right to bail?
NO - if you are a "flight risk" and you might not show up to court if you get out on bail
9th Amendment =
undefined rights - just because it's not mentioned doesn't mean you don't have it
What is a very popular "undefined" right?
right to privacy
10th Amendment =
If a power has not been given to the national govt nor prohibited to the states, the states will get that power. Example = education
12th Amendment =
how electors vote for president
What are the "Civil War Amendments"?
The 13th, 14th, and 15th
13th Amendment =
you can't hold a person in position of slavery or involuntary servitude

excludes military service or punishment for crime
14th Amendment =
defines citizenship
1) born here = you are entitled to all rights of any other citizen here
2)You can become a citizen through legal action
3) State may not deny anyone of their due process of law
4) State must give all of its citizens equal treatment under the law
Is citizenship mentioned anywhere else in the Constitution besides the 14th Amendment?
Why did they define citizenship in the 14th Amendment?
It wasn't mentioned anywhere else and a slave named Dread Scott sued to be given his freedom, but the courts wouldn't have his trial because he "wasn't a citizen."
15th Amendment =
you can't prevent a person from voting based on color, race, or previous condition of servitude, pissed off Susan B. Anthony a LOT because didn't mention women
16th Amendment =
can have progressive income tax
17th Amendment =
direct election of senators
18th Amendment =
Prohibition of alcohol - no selling, transporting, or manufacturing, led to one of the biggest lawless periods of our history
19th Amendment =
Women's suffrage
Which state was the first to allow women to vote?
20th Amendment =
"Lame Duck Amendment" - changed the date of inauguration from March 4th to January 20th @ 12:00 noon
21st Amendment =
repealed 18th Amendment, let the states decide their alcohol limits - it was the only amendment passed by state conventions
22nd Amendment =
limit term of president & vice president to 2 terms for a max of 10 years
23rd Amendment =
Gave Washington D.C. 3 electoral votes so the citizens could vote in prez election - they will have no more than the state with the smallest number of electors
24th Amendment =
made the poll tax illegal
25th Amendment =
Provided a way to chose a new vice prez if the position was opened
1) prez nominated a person
2) congress had to approve the nomination

Also said what would happen if a president is disabled: the vice prez takes over, like when James Garfield was shot in the head in 1881 and in a coma.
How does a vice president get to be in charge if the president is disabled?
The president (or if he can't, the cabinet) will write a letter to congress and say that the VP can act as prez, then approve that action by 2/3 vote
26th Amendment =
allows anyone 18 or over to vote in federal elections, passed in 1971
27th Amendment =
congress can't raise their salaries and have it go into effect until the next term