Unit 3 History

5th Amendment

Provisions concerning prosecution: No person shall be held to answer for a 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.

Bill of Rights

The first 10 amendments. These amendments were ratified on December 15, 1791.

3rd Amendment

Conditions for quarters of soldiers: 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.

Three Branches of Government

Executive: The President and Vice President. The executive branch of Government makes sure that the laws of the United States are obeyed. The President of the United States is the head of the executive branch of government. This branch is very large so the President gets help from the Vice President, department heads (Cabinet members), and heads of independent agencies. The President can veto a bill, he is the "boss" of all government workers, he is the head of the military and can authorize the use of troops overseas without declaring war. The President and Vice President are elected by the people. Legislative: Congress: House of Representatives and Senate. The legislative branch of government is made up of the Congress and government agencies, such as the Government Printing Office and Library of Congress, that provide assistance to and support services for the Congress. Article I of the Constitution established this branch and gave Congress the power to make laws. Approves the making of money. Can declare war on other countries. Makes laws about taxes and borrowing money. Elected by the people. Judicial: Supreme Court. The judicial branch of government is made up of the court system. The Supreme Court is the highest court in the land. Courts decide arguments about the meaning of laws, how they are applied, and whether they break the rules of the Constitution. They are appointed by the President. The Supreme Court hears cases that have made their way through the court system. Once the Supreme Court makes a decision, it can only be changed by another Supreme Court decision or by amending (changing) the Constitution. the Court must decide if the case they receive really challenges the Constitution.

Election of 1800

Federalists spread rumors that the Republicans were radicals who would ruin the country, and destroy republican values. The election was a tie. Jefferson and Burr each received 73 electoral votes.John Adams received 65 votes, Charles C. Pinckney received 64 votes. In the event of a tie in the electoral college, the Constitution dictated that the election would be decided by the House of Representatives. So Jefferson and Burr, who had been running mates, were now rivals in the election in the House. The outcome of the 1800 election led to the passage and ratification of the Twelfth Amendment, which changed the way the electoral college functioned. Thomas Jefferson served two terms as president.

1st Amendment

Freedom of Speech, Press, Religion and Petition.

Slave Trade Compromise

Northern free states were concerned that the economy developing was relying too much on slavery. They believed that if they relied on this system for too long they would never be able to get off it. To help the country get off the "slave economy," Northern states proposed a ban on the importation of slavery. Southern states were not willing to give up slavery so suddenly because they believed their agriculture based economy (farming) would not survive. Compromise: The slave trade would continue for 20 years after the Constitution went into effect. Once the 20 years were up, the national government would be allowed to ban the importation of slaves to the Unites States.

6th Amendment

Right to a speedy and fair trial, witnesses, etc. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed

Three Fifths Compromise

The Constitutional Convention's agreement to count three-fifths of a state's slaves as population for purposes of representation and taxation. The compromise was a mathematical formula which was a convenient way of stating that slaves should not be counted as people. The southern states wanted to count slaves as 'persons' not for their improvement, but for artificially increasing their representation in the House.

Electoral College

The Electoral College consists of the popularly elected representatives (electors) who formally elect the President and Vice President of the United States. Each state has a different amount of electors, based on the states population. established by the founding fathers as a compromise between election of the president by Congress and election by popular vote. The people of the United States vote for the electors who then vote for the President. no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector. As a historical matter, the 14th Amendment provides that State officials who have engaged in insurrection or rebellion against the United States or given aid and comfort to its enemies are disqualified from serving as electors.

2nd Amendment

The right to keep and bear arms. 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.