Denied Powers
Powers that the National government CANNOT do (found in Article I, section 9)
What are denied powers?
The Right to bear arms
What is the 2nd amendment?
Prohibits unreasonable searchs and seizures
What is the 4th amendment?
First 10 amendments to the Constitution
What is the Bill of Rights?
Series of essays were written to help with the ratification of the Constitution (especially in NY)?
What are the Federalist Papers?
Type of law that criminalizes an act retroactively
What is an ex post facto law?
Includes the right to remain silent.
What is the 5th Amendment?
Includes the Right to counsel (and a speedy public trial by jury of peers)
What is the 6th amendment?
The legal standard for determining whether a search or seizure is constitutional or a crime has been committed
What is probable cause?
Group (including Alexander Hamilton, John Jay and John Madison) that advocated FOR the Constitution
What were the Federalists?
Legislative action declaring someone guilty without a trial
What is a Bill of Attainder?
Prohibits excessive bails and fines as well as cruel and unusual punishment.
What is the 8th Amendment?
You have the right to a jury trial in civil cases worth above a certain amount.
What is the 7th amendment?
Form of expression does not use writing or speech but nonetheless communicates an idea that is protected by the First Amendment
What is symbolic speech?
Group (including George Mason and Thomas Jefferson) who were initially opposed to Constitution and wanted a Bill of Rights added.
Who were the Anti-Federalists?
What are titles of nobility?
Locke's amendment - Idea that we have more rights than those listed in previous Bill of Rights (e.g., privacy)
What is the 9th Amendment?
Prohibits the quartering of soldiers
What is the 3rd Amendment?
Provisions that limit government power to deny people “life, liberty, or property” on an unfair basis or without going through the proper legal channels
What is due process?
Two clauses that make up the First Amendment's freedom of religion
What are the Establishment and Free Exercise Clauses?
To produce the body; enables someone in custody to petition a judge to determine whether that person’s detention is legal (It cannot be suspended except in cases of War).
What is Habeas Corpus?
Five civil liberties protected by the 1st Amendment
What are freedom of religion, speech, press, assembly and petition?
Amendment that reserves power to the states or people (Federalism amendment)
What is the 10th Amendment?
Term that refers to a prosecution pursued twice at the same level of government for the same criminal action
What is Double Jeopardy?
Number of times the Constitution has been amended since the Bill of Rights?
What is 17?