Exam 2: Bill of Rights

Question 1

what is civil liberties?

Answer 1

limitations on government power, intended to protect freedoms that the govt. cannot legally intrude on.

(your BASIC FREEDOMS)

Question 2

Civil liberties are reflected in the

Answer 2

BILL OF RIGHTS

Question 3

T/F: The bill of rights/ civil liberties are only for U.S. citizens.

Answer 3

FALSE
civil liberties extends to everyone!!

Example: if a family from Germany comes to the US to go to Disney World they also have the same civil liberties as every other American.

Question 4

Civil Liberties apply to

Answer 4

any person who is in the United States or is being detained by the U.S. govt. (in essence, everyone!!)

Question 5

T/F: When we wrote the constitution the bill of rights were also written at the same time.

Answer 5

FALSE
When we created the constitution there was NOT a bill of rights

Question 6

Why wasn’t there a bill of rights in the constitution?

Answer 6

Because the Constitution had Article 1, Section 9

Question 7

What article in the constitution gave people complete civil liberty (basic rights)?

Answer 7

Article 1, Section 9

Question 8

What did Article 1, Section 9 establish?

Answer 8

1. Prohibited the passage of bills of attainder
2. Prohibited ex facto laws
3. Cannot suspend a Writ of Habeas Corpus

Question 9

What did Article I, Section 9 mean when it stated that it prohibitted Bills of Attainder?

Answer 9

Did not allow individuals to be guilty of a crime without having a trail
(must have a trail to be convicted as guilty)

Question 10

What did Article I, Section 9 mean when it stated that Ex Facto Laws were prohibited? & provide an example.

Answer 10

it Prohibited individuals from getting in trouble for committing a crime when said crime was legal.

example:
The government is going to outlaw alcohol again on Friday. A lot of people go out on Thursday to drink, the police cannot come arrest them on Friday

Question 11

What is an Writ of Habeas Corpus?

Answer 11

When someone is arrested/ detained they must know why they are being arrested

Question 12

What group of people believed that Article I, section 9 was enough, in regards to civil liberties?
who opposed/ wanted to add more to Article I, section 9?

Answer 12

the Federalists LOVED article I, section 9

while the anti-federalist believed we needed more civil liberties.

Question 13

How did the Bill of Rights come to be?

Answer 13

○ The anti-federalist did not want to pass the constitution because there were no civil liberties in the constitution. But the federalist were like ummm yess we do have civil liberties with the article 1, section 9. the anti-federalist said we are not going to pass the constitution without more civil liberties. The federalist said, okay if you pass the constitution then we are later going to include a section for civil liberates. The federalist came back on to make the Bill of Rights. Thanks to the anti-federalist we have the BOR! :)
Anti-federalist were like okay we will ratify the constitution as long as we know there is going to be a Bill of Rights to protect individual later.

Question 14

Who created the BOR?

Answer 14

James Madison

Question 15

Explain the Process of passing the Bill of Rights.

Answer 15

1. 17 amendments went through the house
2. Then 12 amendments left the Senate
3. Finally the state approved 10 amendments.

Question 16

How many amendments for the BOR were approved by the state?

Answer 16

10

Question 17

Our Bill of rights today are the

Answer 17

First 10 amendments in the Constitution

Question 18

The Bill of RIghts reflect

Answer 18

Our CIVIL LIBERTIES!!

Question 19

when were the Bill of Rights Ratified?

Answer 19

in 1791

Question 20

What was the ruling of Barron v. Baltimore?

Answer 20

ruled that states DO NOT have to follow the bill of rights. Also stated that the bill of rights are only used to regulate the federal govt.

Question 21

T/F: under Barron v. Baltimore a state could, in essence, pass laws limiting religious freedom.

Answer 21

TRUE

barron v. baltimore stated that states did not have to follow the Bill of Rights

Question 22

What was the question in the case of Barron v. Baltimore?

Answer 22

Do states have to abide by the Bill of Rights?

Question 23

What is the background of Barron v. Baltimore?

Answer 23

○ Mr. Barron lived in the city of Baltimore. Mr. Barron asked the government to pay him money because he said he had a 5th amendment claim. (under the 5th amendment that cannot take away your private property, without paying you money; any takings will be compensated.)

Question 24

When was the 14th amendment ratified?

Answer 24

1868

Question 25

the 14th amendment is also called

Answer 25

the civil rights amendment

Question 26

What did the 14th amendment establish?

Answer 26

1. the equal protection clause –> all states must treat everyone equally
2. ** STATES WERE NOW REQUIRED TO FOLLOW THE BILL OF RIGHTS aka Selective Incorporation**

Question 27

What is selective incorporation?

Answer 27

states/ cities cannot make laws against the Bill of Rights

Question 28

Selective Incorporation was established in

Answer 28

the 14th amendment

Question 29

Amendment I

Answer 29

1. freedom of religion
2. cannot prohibit free exercise
3. freedom of speech and press
4. right to a peaceful assemble
5. can petition the govt. for a redress of grievances

Question 30

Amendment II

Answer 30

1. the US can maintain a well-regulated militia
2. right to keep and bear arms

Question 31

Amendment III

Answer 31

no quartering of troops/ soldiers

Question 32

Amendment IV

Answer 32

1. right against unreasonable searches and seizures
2. no warrant without probable cause

Question 33

Amendment V

Answer 33

1. Right to an indictment by a grand jury, unless under martial law
2. No Double Jeopardy: cannot be sentenced for the same offense twice
3. Due process: no person cannot be deprived of life, liberty, or property w/out due process of the law
4. private property cannot be taken without compensation

Question 34

Amendment VI

Answer 34

1. right to a speedy and public trail
2. right to an impartial jury

Question 35

Amendment VII

Answer 35

1. Right to a trail by jury, in civil cases over $20 and all criminal cases

Question 36

Amendment VIII

Answer 36

1. No excessive bail
2. no cruel or unusual punishment

Question 37

Amendment IX

Answer 37

1. includes rights that are not listed
2. Protects life, liberty, and property

Question 38

Amendment X

Answer 38

The power not delegated to the US by the constitution are reserved to the people