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CA Constitution Exam
The Bill of Rights: Test for teachers. Part 3
16
History
Professional
09/10/2011

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Cards

Term
First Amendment
Definition
Freedom of religion, free speech (even hateful), peaceable assembly, expression of ideas, free press + the right to sue the government when these rights are violated
Term
Second Amendment
Definition
Right to bear arms and to a state militia
Term
Third Amendment
Definition
US soldiers cannot seize private homes during peace times
Term
Fourth Amendment
Definition
Right to be secure in one's home, person (body), papers and effects, from unreasonable searches and seizures by police, committed without warrants and only based on probable cause
Term
Fifth Amendment
Definition
Right to grand jury and indictment before tried in court for an infamous or capital (death penalty) crime
Term
Fifth Amendment
Definition
Right not to be tried for the same crime twice (Double Jeopardy)
Term
Fifth Amendment
Definition
Right to Due Process of Law before a person deprived of life or liberty
Term
Fifth Amendment
Definition
No person can testify against himself in a criminal trial (right against self discrimination)
Term
Sixth Amendment
Definition
Right to a speedy and public trial by an impartial jury in a state where crime was committed
Term
Sixth Amendment
Definition
The rights of the accused to be told the nature of his crime, to confront witnesses against him, to have legal representation
Term
Seventh Amendment
Definition
Right to a trial in a civil court exceeding $20, and to a jury in a money case
Term
Eight Amendment
Definition
Right against excessive bail, and against cruel and unusual punishment
Term
Ninth Amendment - a catch all amendment
Definition
If the certain rights weren't mentioned, it doesn't mean that they don't exist and are not protected
Term
Tenth Amendment - The States rights amendment
Definition
Powers not delegated to the federal government, and nor prohibited by the Constitution are reserved to the states or to the people
Term
Fourteenth Amendment
Definition
The Bill of Rights applies equally to the state governments and to the federal government.
Term
Fourteenth Amendment: exceptions
Definition
The state cannot violate the first 10 amendments with 3 minor exceptions:
2nd amendment is not applicable to the individual states
5th amendment clause regarding a right to a grand jury (it's often substituted by a preliminary hearing)
7th amendment's guarantee of a jury trial in a civil (money) case
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