Vocab
Militia
What is a military force that is raised from the civil population to supplement a regular army in an emergency?
The amendment's protections are limited to military personnel, and do not extend to other government agents.
What is the 3rd amendment?
The 10th amendment continues to be invoked in arguments about states' rights and federalism, with courts sometimes upholding state authority under it, as seen in cases such as.
What is Printz v. United States?
The types of arms covered by the amendment can include modern weapons, such as stun guns, that did not exist at the time the amendment was ratified.
What is the right to bear arms?
This amendment was a direct response to British policies during the colonial era, where troops were forced to be quartered in private homes.
What is the third amendment?
Eminent Domain
What is the government's power to take private property for public use, provided the owner is paid "just compensation"?
The right to counsel does not extend to all proceedings, such as juvenile court, military cases, and certain administrative or civil matters like prison disciplinary hearings.
What is the 6th amendment?
In a 2008 case, the Supreme Court affirmed that the Second Amendment protects an individual's right to keep and bear arms for self-defense, specifically in the home.
What is District of Columbia v. Heller?
These reserved powers include areas like family law (marriage, divorce, adoption), regulating commerce within a state's borders, and conducting local law enforcement.
The popular phrase "I plead the fifth" comes directly from this amendment, which gives a person the right to remain silent to avoid self-incrimination.
Enumeration
What is the specific listing of rights in the Bill of Rights, which are protected against government infringement?
A warrantless search is allowed when there is probable cause and circumstances require immediate action, such as preventing the destruction of evidence or a suspect's escape.
What is the 4th amendment?
The Supreme Court ruled that states must provide an attorney to defendants who cannot afford one in felony cases.
What is Gideon v. Wainwright?
While rarely litigated, the Third Amendment has been used by courts to help establish this broader right, protecting citizens from government intrusion into their homes.
What is the right to privacy?
This amendment didnt include state court cases for 172 years
What is the sixth amendment?
Infringed
What is actively break the terms of (a law, agreement, etc.)?
The government can impose "time, place, and manner" restrictions on protests to ensure public safety and order, as long as these restrictions are content-neutral and do not target a specific message. These could include rules about noise levels, time of day, or location.
What is the 1st amendment?
This case established that when a lawsuit involves both legal and equitable issues, a jury must decide the legal claims first, and the right to a jury trial is preserved for all issues that would have required a jury under English common law.
What is Beacon Theatres, Inc. v. Westover (1959)?
Ensures that the government must pay fair market value when it takes private property for public use (under the Takings Clause).
What is the 5th amendment?
This day is called Bill of Rights day.
What is December 15th?
Ascertained
What is to find (something) out for certain; make sure of?
While the amendment prohibits excessive bail and fines, the Supreme Court has allowed for "preventive" detention without bail in some cases if it is not deemed "excessive".
What is the 8th amendment?
What is Vignera v. New York (1966)?
The defendant can use the court's power to ensure that witnesses who are favorable to their defense are subpoenaed and appear in court.
What is the 6th amendment?
This president saw no point in creating the Bill of Rights but admired the principle behind it.
Who is James Madison?