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Tuesday, March 4, 2014

Amendment I (1791)



Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peacably to assemble and to petition the Government for the redress of grievances.


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Clauses within the first amendment
- Freedom of religion => Establishment Clause
- Freedom of speech => Free Exercise clause
- Freedom of the press => Freedom of expression clause

Amendment II (1791)



A well regulated Militia, being necessary to the security of a free state, the right of the people to keep and bear Arms, shall not be infringed.


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Clause - Right to bear arms

Amendment III (1791)



No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.


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Clause
No Soldier can be put into somebody's house

Amendment IV (1791)



The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated, and no Warrant shall issue, 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.


Clause
Good reason - need probable clause for warrant
Privacy of Possessions

Amendment V (1791)



No person shall be held to answer for capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.


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Clauses
Due Proces
Shield Laws - protect you
To plead the 5th - not to talk

Amendment VI (1791)



In all criminal prosecutions, the accused shall enjoy the right to a speed and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to the be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining Witnesses in his favor, and to have the Assistance of Counsel for his defense.


Clauses
Habeus Corpus
Speedy Trial
Right to representation

Amendment VII (1791)



In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.