8. The Bill of Rights

Question 1

What was the controversy surrounding the Bill Of Rights?

Answer 1

Although many of the details of the Bill Of Rights were discussed at the Constitutional Convention in it was initally left out of the Constitution.

Question 2

What is the difference between Civil Rights and Civil Liberties?

Answer 2

Civil Rights are positive freedoms which specify actions and privileges which cannot be denied. Civil Liberties are negative freedoms which protected individuals from actions of others (specifically the government)

Question 3

What is the purpose of civil liberties

Answer 3

To put a limit on government authority designed to safeguard individuals’ freedom ex// freedom from unreasonable searches. Freedom from government censorship

Question 4

What is the purpose of civil rights?

Answer 4

To give people the right to act. Like freedom of religion. Freedom from discrimination

Question 5

What privileges are provided in the Bill of Rights?

Answer 5

(1-3) are personal rights, (4-8) are legal rights, (9-10) catch all clauses

Question 6

What rights does the First Amendment give?

Answer 6

Freedom of religion, speech, & press. These are explicitly limited to the federal government but states may curtail these rights

Question 7

What rights does the Second Amendment give?

Answer 7

The right to bear arms. Also mentions the right to a well-regulated militia.

Question 8

How do people interpret the second amendment?

Answer 8

By debating on whether or not the right to bear arms is a militia’s right or an individual right

Question 9

What does the third amendment state?

Answer 9

Soldiers cannot stay in your house without compensation

Question 10

What does the fourth amendment state

Answer 10

It prohibits unreasonable searches and seizures. They would need probable cause and reasonable suspicion to search you

Question 11

What does the fifth amendment state?

Answer 11

Gives us legal process protections. Gives you the right to remain silent, and doesnt allow people to stand trial for the same crime twice

Question 12

What is due process?

Answer 12

The formal set of legal procedures that the government must follow when bringing charges against individuals accused of committing a crime. It is designed to safeguard against abuses of power

Question 13

What are considered ‘forms of power’ when it comes to due process

Answer 13

Fines, imprisonment, and capital punishments

Question 14

What does the 6th Amendment state?

Answer 14

Gives us the right to a public trial, right to legal representation, and prohibits detention without cause

Question 15

What does the 7th Amendment state?

Answer 15

Right to a trial in civil cases

Question 16

What does the 8th amendment state?

Answer 16

Prohibits cruel and unusual punishments and also excessive bail + fines

Question 17

What does the 9th amendment state?

Answer 17

It safeguards individual rights and those rights that are not expressly denied are reserved for the people

Question 18

What does the 10th amendment state?

Answer 18

The powers not delegated to the US by the Constitution nor prohibited by it are reserved to the States respectively or the people

Question 19

What is the principle of dual citizenship and what is its significance?

Answer 19

The principle of dual citizenship is the idea that the protections for civil liberties established in the Bill of Rights ONLY apply at a federal level not a state level. Dual citizenship reaffirmed the fact that we are citizens of the United States plus our respective state

Question 20

What did the 14th Amendment do

Answer 20

It overruled the Barron vs Baltimore decision. Reaffirmed that Federal law was the supreme law of the land, which limits states rights.