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US/TX Constitution and Bill of Rights ***NOT OFFICIAL STUDY GUIDE***

When did the U.S. Constitution begin? 17 Sep 1787
Delegates from all 13 states except ______ proposed the new Constitution to the Continental Congress and the States for ____? Rhode Island Ratification
Why did the Constitution begin? England refused the Colonies their historic rights as free English citizens & The Colonists believed the Law was superior to an Government or King.
What was the Purpose for the 1st Continental Congress? To Petition England for their rights.
What were the rights the 1st Continental Congress was petitioning for Right to Life, Liberty and Property. Right to a Trial by Jury Right to Peaceable assembly right for consideration (by gov) of their grievances. & other rights they had been denied.
Why did fighting break out at Lexington & Concord? The 1st Continental Congress and its "List of Rights" were ignored by England.
What were the Mecklengburg Resolves (of May 1775)? In May 1775, residents of Mecklengburg, NC declared the laws of Parliament (England) to be Null and Void.
What was the Outcome of the Mecklengburg Resolves? The citizens instituted their own form of local government.
When was the Declaration of Independence introduced to the Continental Congress? June, 1776.
When did the 13 colonies declare their independance from England? July, 1776.
What was significant about the Declaration of Independance? It was a truly Revolutionary Act.
The colonists listed the abuses suffered at the hands of the English Government and Justified their independence with what famous words? We hold these truths to be self-evident, that all men are created equal, taht they are endowed by their creator with certain inalianable rights that among these are Life, Liberty & the pursuit of Happiness.
What year were the "Articles of the Confederation" established? 1778.
What is the significance of the "Articles of the Confederation"? It was our nations 1st constitution.
What were some of the problems with the "Articles of the Confederation"? It didn't provide for a working, efficient government & It gave no authority to levy taxes, or regulate foreign or interstate commerce.
When did work on a compromise Constitution begin, Where and Why? 1787, in Philadelphia, Delegates relized a new system of Government was necessary.
When was a compromise constitution agreed upon and which state was the 1st ro ratify it? Delaware was the 1st state to ratify the new Constitution on Dec 7, 1787.
When was the "Bill of Rights" PROPOSED? On September 25, 1789.
The "Bill of Rights" is considered to be ____? The first 10 amendements to the U.S. Constitution.
Ratification of the U.S. Constitution with the "Bill of Rights" attached was completed on ____? December 15, 1791.
Protection by the "Bill of Rights" has served our nations testimony to its belief in? (2 part answer) The basic inalienable rights of the people & In the limitations on the power of government.
What protects that great body of liberties that belong to every citizen (or any person on U.S. soil)? The U.S. Constitution & the Bill of Rights.
What is the most important task of law enforcement service in America? Its function as the protector of the people.
Who are "The People" Law enforcement is charged with protecting? All People to include the individual, groups and society at large.
What does Law Enforcement protect "The People" from? Each other and endangering conditions.
How does Law Enforcement Protect "The People"? By promoting and enforcing their rights and respecting their dignity.
The U.S. Government was founded during a period when great emphasis was on ____? The Freedom of the individual and on Human rights.
This (new) goverment was to be a....? Government of and by the people, in which their interests were served, their liberty promoted and their rights were protected.
Even the (new) government itself was considered to be? A potential source of loss of freedom.
Since the (new) government was considered to be a potential source of loss of freedom, what was done? Basic individual rights were protected for the people in the Constitution and the Bill of Rights.
What else did the Constitution and the Bill of Rights do? It also stated any rights not listed were "Retained by the people"
The constitution and its amendments left much to be done in what areas? Protection to groups in the Minority and in interpreting how these lofty principles were to be applied.
The necessity for "interpretation of the Constitution" has caused the constitution to become ____? A "Living" document.
The role of protecting rights and dignity of individuals was identified on the basis of detailed research by? Project STAR on criminal justice roles.
Project STAR defined criminal justice roles as? Protecting the rights of all individuals and groups to equal application of the law, a fair & impartial trial & appropriately dignified treatment.
The terms "Fair" "Impartial" and "Dignity" describe rights a person is entitled to whether that person is dealt with as? (3-parts) An Individual, A member of a group, or a participant in society.
The preamble of the Constitution places primary emphasis on what? The Rights of ALL of the people. (We the people of the United States...Do ordain and establish this constitution for the United States of America.)
Society (the people) established the constitution for its own purposes to...? "...to form a more perfect union..."
"...Establish Justice..." means? All people have a right to justice.
"...To ensure domestic tranquility..." means? The people have a right to peaceful and orderly rleationships.
"...provide for the common defense..." means? The people have a right to protection from violations by other nations
"...promote the general welfare..." means? The people have a right to constructive programs promoted by government in the interest of all
"...secure the blessings of liberty to ourselves and our posterity..." means? a principal theme of governmental operations is to maximize the freedom of the individual.
Rights to personal freedom are contained in which amendments? Amendements 1,2,3 & 4.
The goverment as an agent of society has the dual responsibility of? protecting these rights of citizens from being violated by other citizens and the government itself.
What is the 1st Amendment? Congress shall make no law respecting establishment of religion, prohibiting the free exercise thereof; abridging the freedom of speech or of the press; or the right of the people to peaceably assemble or petition the GOV for a redress of grievance.
What is the significance of the 1st Amendment? Neither Fed, State, or local Governments may eliminate a citizen's rights to: Hold or practice religios beliefs, speak freely, transmit or receive free media communications, assemble peaceably or ask the govermnment to correct a wrong.
What is the 2nd Amendment? A well regulated militia being necessary to the security of a free state, the right to the people to keep and bear arms shall not be infringed.
What is the significance of the 2nd Amendment? In the context of being prepared to serve temporarily in national or state emergencies, a citizen may: Keep weapons and Carry Weapons.
What is the 3rd Amendment? No soldier shal in time of peace, be quartered in any house, without the consent of the owner; nor in time of war, but in a manner prescribed by law.
What is the significance of the 3rd Amendment? The enforced lodging of soldiers in private homes is: Forbidden in peacetime without owner's permission and only permitted in wartime in accordance with established law.
What is the first part of the 4th Amendment? The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated...
What is the significance of the first part of the 4th Amendment? No person may conduct an "UNREASONABLE" search or seizure of a citizens: Person, House, papers, effects.
What is the second part of the 4th Amendment? ...and no warrants shall be issued but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized.
What is the significance of the second part of the 4th Amendment? Warrants must be supported by: reasonable facts to justify the action requested specific identification of places to be searched as well as persons or things to be seized.
The rights of due process descibe what? The legal procedures to which a citizen is entitled through provisions of the Constitution and its Amendements.
Where can the procedures for the rights of due process be found? Article 1, section 9, clauses 2 & 3 of the Constitution and in Amendments 4 - 8.
Article 1, section 9, Clause 2 states? "The privilege of the Writ of Habeas Corpus shall not be suspended, unless...rebellion or invasion.
What is the meaning of Article 1, section 9, clause 2? The citizen is protected from imprisonment without a formal trial except during an invasion or rebellion.
Article 1, section 9, clause 3 states? No bill of attainder or ex post facto law shall be passed.
What is the meaning of Article 1, section 9, clause 3? Citizens are protected from: Laws pronouncing a specific person guilty of an alleged crime (usually treason) without a regular court trial, sentencing him to death and seizing his estate. AND punishment for actions thar are later made illegal.
What does the 5th Amendment give citizens accused of a crime entitlement to? Written Notice of charges. Freedom from double jeopardy. Freedom from aknowledging guilt. Be processed through a system of justice IAW estabished rule, principles and jurisdiction. Reasonable reimbursment for any property seized for public use.
What does the 6th Amendment give citizens accused of a crime entitlement to? A formal trial free of "UNREASONABLE" delay. A trial open to the public. Knowledge of the accusations against them. cross-examining of witnesses. Obtainment of witnesses by required presence in court & Advice & representation of an Attorney in court.
What does the 7th Amendment afford citizens? In Civil Suits a citizen is entitled to: A Jury and the rules of Common Law applied during appeals.
What does the 8th Amendment afford citizens? Citizens are entitled to "REASONABLE": BAIL, FINES, PUNISHMENT.
What does the 9th Amendment afford citizens? Any rights NOT identified in the constitution BELONG TO THE CITIZEN
What does the 10th Amendment afford citizens? Powers NOT identified in the Constitution BELONG TO THE STATES OR THE PEOPLE.
What does the 14th Amendment afford citizens? Citizens of each state are also citizens of the United States. State Governments (as well as the Federal GOV) MUST respect the Constitutional rights of United States Citizens.
What 3 components make up the Criminal Justice System? Law Enforcement, The Judicial process (Judges, prosecutors etc) & Corrections (Prison Officials, probation & parole officers etc)
What is a "Writ of Habeus Corpus"? the name given to a variety of writs with the objective of bringing a party before a court or judge.
What is the PRIMARY function of a "Writ of Habeus Corpus"? Release from UNLAWFUL imprisonment (The writ is not to determine guilt or innocence but rather whether a prisoner is restrained of liberty by due process)
What does Article 2 of the Constitution provide? Procedures for election of the President & Vice-President of the United States.
What does Article 3 of the Constitution provide? (3-parts) Establishment & Jurisdiction of the Supreme Court. Specifies that all trials will be conducted in the state where the crime was committed & defines the only crime in the Constitution: TREASON.
Values relative to the Constitutional Police role are? (5-parts) Fostering Fairness & the same in others, Recognizing Prejudice, Dedication to rights, Protection of ALL rights, Continuation of being informed.
City Police (Jurisdictional duties): Enforce State Laws, City Statutes, Keep the peace, Protect & Serve, Assit other Agencies
Sheriff's Office (Jurisdictional Duties): All of City Duties +: Civil Process, Mental Commitments, Responsible for operation of the Jail (Statewide).
DPS Troopers (Jurisdictional Duties): City & County Duties +: Statewide Jurisdiction, and Assisting other agencies (Local, County, Federal Etc.)
Federal Law Enforcement (Jurisditional Duties): ARE NOT CONSIDERED "Peace Officers" they are "Special Agents" (of the Federal Government). Primary Duties: Enforce Federal Laws and Assist other agencies in matters of enforcing Federal Law.
Municipal Courts (Description/Duties): NOT a court of Record, Usually try Class "C" Misdemeanors and City Ordinance cases.
[COUNTY] J.P. Courts (Description/Duties): NOT a court of Record, Usually try Class "C" Misdemeanors and Small Claims cases.
County Courts (Description/Duties): IS a court of Record, Usually try Class "A" & "B" Misdemeanors as well as some Civil cases (Larger claims, Divorce, Mental Commitments etc.)
State Courts (Description/Duties): IS a court of Record, Usually try Felony Class cases (but can handle Misdemeanors if they choose), Appeals cases, Civil Suits.
Federal Court types: Are a court of Record, Comprised of Supreme Court, Appelate Courts, District Courts,
COURTS & THEIR JURISDICTIONS IN TEXAS-1: U.S. Supreme Court-Civil/criminal; Texas Supreme Court-Civil; [Texas] Court of Criminal Appeals-Criminal; [Texas] Courts of Appeals-Civil/Criminal; [Texas] District Courts-Criminal/Civil (Felony); County Court at Law-Criminal/Civil in Texas (A&B Mis)
What is Civil Law/Civil Court? Civil Law/Civil Courts deal with wrongs against another person where no "Crime against society"(criminal) has occured.
What is Criminal Law/Criminal Court? deals with laws preventing harm to society, declares what conduct is criminal and prescribes punishments for said crimes. Laws are codified into criminal or penal codes (E.G. Texas Penal Code)
COURTS & THEIR JURISDICTIONS IN TEXAS-2: Justice Courts (J.P.)-Criminal/Civil Class "C" Misdemeanors; Municipal Courts-Criminal/City Ordinaces, & Class "C" Misdemeanor cases; Small Claims Court-Civil; Juvenile Court-CIVIL (regardless of the status of the charge if it were an adult).
Effects of the Criminal Justice Component (Police, Justice system & Corrections) interaction? Increased arrests = Increased court dockets; Increased Court dispositions = increased correctional populations; Increased Correctional releases (due to overpopulation) = increased police functions(arrests/detainment etc)
TEXAS CONSTITUTION/Section 17(Asset Seizure): Codifies the STATE may take posession of your property, land, franchise etc, but MUST ADEQUETATELY COMPENSATE you for same PRIOR to taking Possession. (Same is controlled by State Legislature)
TEXAS CONSTITUTION/Section 30(Victim Rights-1): Right to treatment with fairness & respect for their dignity and privacy throughout the process; to reasonable protection from the accused; Upon Request - Notification of proceedings, to be present, to confer w/prosecutor & right to restitution.
TEXAS CONSTITUTION/Section 30(Victim Rights-2): Right to Information about Conviction, Sentence, imprisonment and release of the Accused.
Created by: wagner.jeff.m