American Government Chapter 9, Section 3a: Amendments III - X
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Terms to Know:
Amendment 3: Quartering of Soldiers in Private Houses
- The Third Amendment affirmed the property rights of American citizens.
- To prevent the federal government of the United States from practicing the abuse of individual liberty, our Founding Fathers included in the Bill of Rights a definite prohibition against the forcible housing of soldiers in private homes.
Amendment 4: Search and Seizures
- The Fourth Amendment protects citizens against unreasonable, unlawful searches by civil authorities without a warrant.
- A warrant is a written statement issued by a judge which gives a law officer the legal right to search for a particular thing in a specific place.
- The amendment also gives a lawful way to obtain evidence in cases involving criminal activities.
Amendment 5: Criminal Proceedings
- A capital crime (such as first-degree murder) is one so serious that is punishable by death.
- In a court of law, a person found innocent of a particular crime may not be tried a second time for the same crime.
- A person accused of committing a crime that violates both federal and state law may be tried in both a federal and a state court.
Amendment 6: Criminal Proceedings (continued)
- The Sixth Amendment asserts a person's right to a fair, public trial to be held as soon as possible after the commission of a crime, in the same state and district where the crime was committed.
- Summoned means to appear in court.
Amendment 7: Jury Trial in Civil Cases
- The Seventh Amendment provides a jury trial for lawsuits where the sum of money in dispute exceeds $20.
- Both the plaintiff and the defendant can agree to waive their right to a jury trial and allow the judge to conduct their trial.
- Although the Seventh Amendment applies only to federal courts, most state constitutions also contain a provision for a jury trial in a civil case.
Amendment 8: Excessive Punishments
- The Eighth Amendment follows a biblical principle that the penalty or the punishment for a crime should match the severity of the crime.
- Bail is a sum of money that a person accused of crime deposits with a court in order to be temporarily released from jail.
- The Eighth Amendment does not prohibit the civil government from executing criminals from certain crimes, whether by hanging, firing squad, electrocution, gas chamber, or lethal injection.
Amendment 9: Unenumerated Rights of the People
- The Ninth Amendment assures us that we do not have to surrender certain rights merely because they are not listed.
- The Ninth Amendment reaffirms the constitutional principle that we have a limited government that is to exercise limited power.
Amendment 10: Powers Reserved to the States
- The Tenth Amendment was included to reassure citizens that the national government would not devour the state governments.
- All rights and powers which the Constitution does not specifically give to the national government nor prohibit to the states are reserved for the states and for the people.