Chapter 9: The Bill of Rights and Other Amendments

Question 1

Define and describe the bill of rights

Answer 1

Bill of rights - a statement of an individual citizen’s legal privileges
>cannot be take away by civil government
>concept comes from English Bill constitutional history, where feudal contract between king and subjects limited king’s powers and increased subjects’ privileges

Question 2

Describe what amendments 2 through 8 consist

Answer 2

> consist of long-standing civil and legal rights of individual citizens recognized in both English and US common law

Question 3

Describe what 1st Amendment consist of

Answer 3

> has legal guarantees of freedom of religion, of speech, of the press, of assembly, and of petition, is almost uniquely American
many American colonists came to New World specifically to find religious freedom and supported War for Independence to secure this liberty so US Bill of Rights and particularly, 1st Amendment was no accident

Question 4

Describe the background of the Bill of Rights

Answer 4

> 3 documents that formed historical background to our Bill of Rights: Massachusetts Body of Liberties (1641); English Bill of Rights (1689); and Virginia Declaration of Rights (1776)
James Madison won ratification by incorporating plea for bill of rights along with Constitution

Question 5

Describe the correlation between rights and responsibilities

Answer 5

> our rights are due to Bible and Christian religion upon culture and are dependent upon corresponding duties
“For every right, there is a corresponding responsibility; for every privilege, there is a corresponding duty.”

Question 6

List the rights guaranteed in the First Amendment

Answer 6

> First Amendment’s 2 statements on religion: (1) Congress shall make no law respecting an establishment of religion. (2) Congress shall not prohibit the free exercise of religion.
Freedom of speech
Freedom of the press
Freedom of assembly and redress of grievances

Question 7

Describe the “establishment clause”

Answer 7

> “Congress shall make no law respecting an establishment of religion”
means that Congress may not establish state church or give legal preference to any church or denomination
to ensure that church and state be institutionally separate and not legally tied together
In court case Lemon v. Kurtzman (1971), Supreme Court gave 3 criteria in deciding establishment clause cases: (1) law must have secular purpose, (2) law’s primary effect must be neutral toward religion, and (3) law must not foster excessive entanglement of government with religion

Question 8

Give the 3 great purposes the Framers of the Bill of Rights intended in the “establishment of religion” and “free exercise” clause

Answer 8

> (1) to prevent establishment of national religion or state church or denomination preferred legal status
(2) to safeguard right to freedom of religion and liberty of conscience against invasion by federal government
(3) to permit individual states to deal with religious establishments or institutions as they saw fit without federal interference

Question 9

Describe the “free exercise clause”

Answer 9

> other part of 1st Amendment pertaining to religion
guarantees liberty of conscience, but also to protect right of individual to worship God according to dictates of his own conscience and to practice his religion freely
is limited by common standards of decency (example: Reynolds v. United States case (1879) ruled that Mormon practice of polygamy was not constitutionally protected by “free exercise clause” of 1st Amendment because it violated common standards of decency, morality, and public order)

Question 10

Describe what the 2nd Amendment consists of

Answer 10

> right to keep and bear arms

Question 11

What 2 dominant ideas does the 2nd Amendment contain?

Answer 11

> (1) militias are necessary to security of a free state

>(2) the right to keep and bear arms cannot be infringed (violated)

Question 12

Describe the modern interpretation of the 2nd Amendment

Answer 12

> 1920s and into 1930s, much organized crime in US related to traffic of illegal liquor. Cities like Chicago and New York, “gangsters” sported machine guns in public view. This spurred efforts to control possession of firearms.
In 1993, Congress passed Brady Law restricting sale of handguns by requiring a waiting period for purchase of handgun

Question 13

Describe what the 3rd Amendment consists of

Answer 13

> soldiers cannot be quartered in any house without the consent of the home owner
affirmed the property rights of US citizens

Question 14

Describe what the 4th Amendment consists of

Answer 14

> no unreasonable searches and seizures without a warrant
warrant - written statement issues by a judge which gives law officer legal right to search for particular thing in a specific place
this freedom from unreasonable search and seizure reaffirms right to own and to control private property
also gives lawful way to obtain evidence in cases involving criminal activities

Question 15

What does 5th Amendment consist of

Answer 15

> nobody has to answer to a capital, or otherwise infamous, crime, unless on presentment or indictment of Grand Jury, except in cases arising in land or naval forces, or in Militia, when in actual service in time of War, or public danger
capital crime - crime so serious that it is punishable by death
felony - serious crime other than capital crime
court martial - special military courts where members of US Armed Forces are tried for crimes
US Court of Military Appeals - where a serviceman found guilty in a court-martial can appeal the verdict to
eminent domain - right of civil government to take over person’s land or other private property for public use

Question 16

Describe what 6th Amendment consists of

Answer 16

> in all criminal prosecutions, accused gets right to speedy and public trial by unbiased jury of State and district that crime was committed, and
to be informed of nature and cause of accusation, and
to be confronted with witnesses against him, and
to have compulsory process for obtaining witnesses in his favor, and
to have Assistance of Counsel for his defence
summons - requiremnt to appear in court

Question 17

what does 7th Amendment consist of

Answer 17

> In Suits at common law, where value in controversy shall exceed $20
right of trial by jury preserved
no fact tried by a jury, shall be reexamined in any Court of US, than according to rules of common law

Question 18

What does 8th Amendment consist of

Answer 18

> no excessive bail or fines
no cruel and unusual punishment inflicted
bail - sum of money that person accused of crime deposits with court in order to be temporarily released from jail

Question 19

Describe the Furman v. Georgia case

Answer 19

> Supreme Court ruled that implementation of capital punishment by several states was arbitrary and that it constituted “cruel and unusual punishment
thus declared death penalty unconstitutional

Question 20

Describe Gregg v. Georgia case

Answer 20

> Supreme Court ruled that “punishment of death does not invariably violate the Constitution.”

Question 21

Describe what the 9th Amendment consists of

Answer 21

> enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people

Question 22

What does the 10th Amendment consist of

Answer 22

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

Question 23

What does the 11th Amendment consist of

Answer 23

> deals with lawsuits filed against states in federal court

Question 24

what does 12th Amendment consist of

Answer 24

> provided for separate ballots for President and Vice President

Question 25

What does 13th Amendment consist of

Answer 25

> Emancipation Proclamation - Abraham Lincoln’s issued as war measure declaring slaves within Confederacy to be “then, thenceforward, and forever free.”
13th Amendment abolishes slavery and involuntary servitude

Question 26

what does 14th Amendment consist of

Answer 26

> protects right of former slaves by granting citizenship to black Americans and the right to “life, liberty, and property”
suffrage - right to vote - for all adult male citizens
war debt of Union would be paid, but war debts of Confederacy were null and void
is the source of federal civil rights legislation

Question 27

what does 15th amendment consist of

Answer 27

> established right of former slaves to vote

Question 28

What does 16th amendment consist of

Answer 28

> empowered Congress to lay a tax on personal incomes

Question 29

what does 17th amendment consist of

Answer 29

> provided for direct election of senators by voters of state

Question 30

what does 18th amendment consist of

Answer 30

> prohibited production, transportation, and sale of alcoholic beverages in US
generated more popular support than had any preceding constitutional amendment
Volstead Act (also called National Prohibition Act) provided means to enforce 18th Amendment

Question 31

what does 19th amendment consist of

Answer 31

> made women’s suffrage part of US Constitution

Question 32

what does 20th Amendment consist of

Answer 32

> known as “lame duck amendment”

>moved the date on which newly elected Presidents, senators, and representatives take office

Question 33

what does 21st amendment consist of

Answer 33

> repealed 18th amendment making production, transportation, and sale of alcoholic beverages legal in US on national level (states could still enforce prohibition laws)

Question 34

what does 22nd amendment consist of

Answer 34

> limited tenure of President to 2 terms and maximum of 10 years

Question 35

What does 23rd amendment consist of

Answer 35

> granted District of Columbia number of presidential electors equal to that of smallest state (3)

Question 36

what does 24th amendment consist of

Answer 36

> abolished poll taxes as requirement for voting in federal elections

Question 37

what does 25th amendment consist of

Answer 37

> provides for an orderly transfer of power in the event that a President is incapacitated ro dies in office

Question 38

what does 26th amendment consist of

Answer 38

> extended voting rights to those eighteen years of age or older

Question 39

what does 27th amendment consist of

Answer 39

> placed a restriction on the power of Congress to raise its own salary