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10 amendments
Mr Krupps test of constitutional amendments
| Term | Definition |
|---|---|
| amendment 1 ( I ) | "The Freedom of Religion, Speech, Press, peaceful/ Peacibly Assemble, and peaceful/peacibly petition" |
| amendment 2 ( ll ) | "The Right to Bear Arms" |
| amendment 3 ( lll ) | "The Right Not To Quarter Troops" |
| amendment 4 ( lV ) | "Protects And Prohibits Against Unreasonable Searches and Seizures" |
| amendment 5 ( V ) | "Rights of an Accused Person" |
| amendment 6 ( Vl ) | "The Right to a Fair and Speedy Trial" |
| amendment 7 ( VII ) | "Civil Suits" |
| amendment 8 (Vlll ) | "Protects and Prohibits against Excessive bail and Cruel or Unusual Punishment" |
| amendment 9 ( lX ) | "Powers reserved to the people, / The Unenumerated Rights of the people" |
| amendment 10 ( X ) | "Powers reserved to the States, / The Unenumerated Rights of the States." |
| Civil liberties | freedom of speech, religion, press, to peacibly assemble and peacibly petition |
| bear | keep, hold, carry, maintain, possession of / own |
| arms | weapons ( ie firearms or guns ) |
| right to keep a militiia | the right to own or be permitted a standing army |
| "well-regulated militia" | properly supervised and guided defense forces 1. army 2. navy 3. air force 4. space force 5. coast guard 6. marine force |
| "necessary to security of a free state" | a protective force is needed to maintain peace |
| what is the most controversial amendment? | 2 |
| who benefits from the second amendment? | 1. police officers 2. hunters 3. homeowners 4. the us military 5. security guards |
| "Quarter" in amendment 3 | to house, shelter, lodge, reside in a place Indirect expectations= food and clothing |
| "troops" | the british redcoats, fighting force they often took important or valuable things |
| "right to privacy in your own homes" | your right to your privacy, private property, the privacy of your items |
| "consent of homeowner" | the homeowner must give the soldiers permission |
| "rules for Quartering in a time of peace" | consent of homeowner |
| "rules for Quartering in a time of war" | prescribed by law |
| "prescribed by law" | written consent to perform an action |
| "searches" in amendment 4 | intrusion into a place/ informaton |
| "seizures" | the seizing of property, documents, persons, or rights. |
| "Right to privacy in your own home(s)" | you have the right to be secure in own houses, persons, papers, and effects. |
| "Writs of assistance" | search warrants that had to be a probable cause and passed by a judge. |
| conditions of Writs of assistance | 1. describe the problem 2. must show place and info to be searched 3. must show the person(s) involved 4. things/ possessions that contribute |
| "Smuggled goods" | illegally transported/ obtained items, ie black market |
| "reasonable cause" | the jujde can only pass a search or seizure warrant when they feel it is a reasonable cause AND must be sufficient evidence to convict. |
| "Inadmissible evidence in court of law" | evidence that cannot be used in court of law against you |
| " right to be secure of papers n your house" | the right to own these papers |
| EXAMPLES papers in your home | 1. Birth certificate 2. drivers liscense 3. passport, 4. will 5. deeds 6. bank account data 7. social security 8. visa |
| "accused persons" amendment 5 | the subject or person(s) convicted of an action, PRESUMED INNOCENT UNTIL PROVEN GUILTY |
| "presentment indictment" | a judge / grand jury formally charging a person of a crime. |
| "grand jury" | a group of citizens brought in to come up with a verdict. |
| "double jeopardy" | the person may not be tred twice for the trial unless evidence was PURPOSEFULLY WITHELD. |
| "Martial law/court martial" | in a court of law, court martial applies to ARMED FORCES, and in time of war. |
| examples of honorable / dishonorable discharges | 1. honorable would be an injury and honorable retirement with ablity to get a job 2. Dishonorable is guilty verdict, and cannot receive a job |
| "self incrimination" | you have the right to remain silent because you might say something that can be used against you in court |
| "capital or infamous crime" | serious felony (murder, treason, offenses,) |
| "witness or testify" | witness testimony (their perspective) |
| "just compensation" | fair and just analyzing of situation before a decsion |
| "presumed innocent until proven guilty" | the accused person(s) have the right to remain innocent untl proven guilty by just compensation and evidence. |
| "acquitted of crime" | according to the jury, if you are proven innocent, you go free |
| "convicted of crime" | you were proven guilty by the jury and compensation |
| "speedy trial" in amendment 6 | ensures the accused person(s) will not be held in jail for a lengthy period of time, VARIES ON WHAT THE PERSON HAS BEEN ACCUSED OF |
| "fair trial" | 1. cannot be biased 2. open to the publc unless high profile 3. jury must hear witness and evidence from both sides |
| "evidence" | documentation of events/ conflict used for decision |
| "both sides" | 1. plaintiff is the accusor 2. defendant defends and often is backed by an attorney. |
| "legal counsel/attorney/esquire" | the defendant has the right to a public attorney or can BE the attorney if they choose to. ( GIDEON VS WAINWRGHT ) |
| Plaintiff | jugde right, often backed by prosecuton attorney |
| defendant | judge left, often backed by a criminal attorney |
| "Civil suits" in amendment 7 | CIVILIAN LAWSUITS / LTIGATION, a claim or dispute brought to court for adjudication |
| "legal precedent" | the rule established by previous court cases |
| "trial by jury" | a trial including a group of citizens to pass judgement / outside factor contributing to the decision. (often not involved unless a great deal of money is involved) |
| "value of controversy over 20" | a jury trial is invoked involving a great deal of money. |
| definition of "Bail" in amendment 8 | money the the accused person presents to the court to guarantee they will be present during the trial. bail has 5 conditions... |
| "Excessive punishment or cruel and unusual punishment" | punishment deemed unethical and unproportional to the situation. |
| "flight risk" | being likely to flee/escape legall persecution |
| "deny bail" | the judge can deny bail if the case pertains to the 5 conditions. 1. previous criminal record 2. habitual offenses 3. first time 4. past trial / experience with the judge 5. which state the trial takes place in |
| "post bail" | to pay or post the money to the court that says you will be present for the trial |
| "Reserved powers to the people" in amendment 9 | powers reserved / set aside to the people's control |
| " Unenumerated Rights of the people" | we have more rights than those numbered in the constitution. |
| f "Reserved powers to the state" in amendment 10 | powers left aside for the state. |
| "protects against an all-powerful government" | determines that the government does not hold all the power. |
| "the Unenumerated Rights of the state" | the states have a right to the power they receive, and not the constitution nor the government can deny that power. |
| "ELASTIC CLAUSE," amendment 10 | necessary or proper clause, which grants congress the power to make laws about the Unenumerated powers. |
| PURPOSE of the first amendment | to protect our civl liberties such as speech, religion, and petition. |
| PURPOSE of the second amendment | to guarantee the right of a mltia |
| PURPOSE of the third amendment | principles of rights to privacy in your own homes |
| PURPOSE of the fourth amendment | protects our rights against searches and seizures |
| PURPOSE of the fifth amendment | to guarantee several constitutional rights of the accused persons. |
| PURPOSE of the sixth amendment | giving the right to the involved persons of enjoying a Fair and Speedy trial. |
| PURPOSE of the seventh amendment | protection of the rights of a person involved in a JURY trial |
| PURPOSE of the eighth amendment | preventing cruel and /or unusual punishment |
| PURPOSE of the ninth amendment | peoples rights are not just limited to those in the constitution. |
| PURPOSE of the tenth amendment | protects our country from an all powerful government |
| properly supervised defense force | 1. army 2. navy 3. air force 4. space force 5. coast guard 6. marine force |
| Condition / provision 1 of the first amandment | our first amendment rights are not absouloute / may be taken |
| Condition / provision 2 of the first amandment | us Congress may not establish one religion of faith. |
| Condition / provision 3 of the first amandment | US CONGRESS may not prohibit free speech |
| Condition / provision 4 of the first amandment | US CONGRESS may not prohibit free speech of the press |
| Condition / provision 5 of the first amandment | SLANDER / LIBEL - information that is false |
| Condition / provision 6 of the first amandment | peaceful assembly - Congress may not prevent |
| Condition / provision 7 of the first amandment | Congress cannot prohibit peaceful petition. |
| Condition / provision 1 of the 2nd amendment | well regulated militia is essential to the security of a free state. |
| Condition / provision 2 of the 2nd amendment | our right to Bear Arms shall not be infringed |
| Condition / provision 1 of the 3rd amendment | soldiers may not be quartered in time of peace without consent |
| Condition / provision 2 of the 3rd amendment | soldiers may not be quartered in a time of war without consent by law. |
| Condition / provision 1 of the 4th amendment | the rights and items that persons have to be secure in against Unreasonable searches and seizures shall not be violated. |
| Condition / provision 2 of the 4th amendment | warrants issued for search or seizure must apply to the five rules and probable cause. |
| Condition / provision 1 of the 5th amendment | Provided GRAND JURY presentment indictment for serious crimes. |
| Condition / provision 2 of the 5th amendment | protection against double jeopardy |
| Condition / provision 3 of the 5th amendment | protection and rights to / against self incrimination |
| Condition / provision 4 of the 5th amendment | the right to due process |
| Condition / provision 5 of the 5th amendment | takings clause / just compensation before taking |
| Condition / provision 6 of the 5th amendment | may not be deprived of life, liberty, or limb without compensation. |
| Condition / provision 1 of the 6th amendment | right to speedy and public trial |
| Condition / provision 2 of the 6th amendment | right to impartial jury |
| Condition / provision 3 of the 6th amendment | accused person must be informed first of their crime. |
| Condition / provision 4 of the 6th amendment | the right to confront witnesses. |
| Condition / provision 5 of the 6th amendment | the accused can use the courts power to obtain evidence or witnesses to their favor. |
| Condition / provision 1 of the 7th amendment | preservation clause: providing jury for high amounts of money. |
| Condition / provision 2 of the 7th amendment | prevents judges from overturning another one's findings. |
| Condition / provision 1 of the 8th amendment | forbidding cruel and unusual punishment |
| Condition / provision 2 of the 8th amendment | forbidding excessive bail |
| Condition / provision 1 of the 9th amendment | listing of rights does not deny other rights not listed |
| Condition / provision 2 of the 9th amendment | the people are not granted rights by the govt, they are born with them. |
| Condition / provision 1 of the 10th amendment | the states have rights to their power |
| Condition / provision 2 of the 10th amendment | we are protected from govt overreach and takeover |
Created by:
26jcaudill