unit 3 b

Question 1

How did the Revolutionary war influence the Bill of Rights?

Answer 1

The Bill of Rights were created due to the different political philosophies of Founding Fathers. In the Revolutionary War, an epic battle between the Federalists and the Anti-Federalists took place, so the states had different opinions on different ideas. Therefore, the Bill of Rights were introduced to the constitution to appease the states and to reach a compromise.

Question 2

What are the five rights guaranteed in the 1st Amendment?

Answer 2

The five rights guaranteed in the 1st Amendment are as followed:
Freedom of speech
Freedom of press
Freedom of religion
Freedom of assembly
Freedom to petition the government

Question 3

Can you say anything you want? Why or why not?

Answer 3

Technically one can say whatever they want, but there will be consequences. This is due to the fact that there are other laws in place, so if what one is saying breaks those laws, they will be subject to punishment.

Question 4

Who does first amendment protect you from?

Answer 4

Government restraint

Question 5

What are the 3 types of speech?

Answer 5

Pure speech- Verbal/written expression of thoughts & opiniond

“Speech-plus”- Demonstration, sit-ins, marches, etc..

Symbolic speech- Typically= no speech at all. More gestures and forms of expressions.

Question 6

What are the limitations to freedom of speech? (2)

Answer 6

Conflict:
1st amendment vs. Pre-amble
“to insure domestic tranquility”

Question 7

What did the court claim in Hazelwood School District v. Kuhlmeier?

Answer 7

In the Hazelwood School District v. Kuhlmeier case, the high court claimed that school officials can censor school-sponsored publications if they have an educational reason that is reasonable to censor it. Material that can be censored include if they are “ungrammatical, poorly written, inadequately researched, biased or prejudiced, vulgar or profane, or unsuitable for immature audiences” or if they associate the school with any political stance other than neutrality.

Question 8

What is the purpose of the 2nd Amendment?

Answer 8

To protect the people and states from a central government with too much power. Right to bear arms is NOT absolute

Question 9

What are the two definitions of militia?

Answer 9

One definition was state armies like today’s national guard. People who believe this definition believe that the law protects state militias rather than individual citizens.
The second definition is that it refers to a group of citizens such as individual citizens that protects themselves and neighbors.

Question 10

What do you think the 2nd Amendment means?

Answer 10

At that time, the United States had just gotten out of the Revolutionary War fought by citizens with weapons, so I believe that the second amendment was intended towards groups of citizens. Additionally, at time of writing it was considered normal for people to own guns, so the Second Amendment likely referred to individuals rather than state militias.

Question 11

What was the major finding of United States v. Verdugo-Urquidez (1990)?

Answer 11

In the 1990 court case, the court found that the term “the people” in the second amendment refers to “individual” citizens.

Question 12

What was the major finding of Presser v. Illinois (1886)?

Answer 12

Militias were defined as “all citizens capable of bearing arms”

Question 13

What was the major finding of United States v. Miller (1939)?

Answer 13

It was determined that the possession of certain types of weapons would not be protected by the second amendment as many were not related to keeping up a militia. For example, sawed-off shotguns were banned as it was easy to hide and criminals could use it.

Question 14

What was the major finding of District of Columbia v. Heller (2008)?

Answer 14

Three parts of the District of Columbia’s gun laws were overturned.

Question 15

In America, is there a correlation between strict gun laws and levels of violence? If so, explain?

Answer 15

Yes, there is a correlation between strict gun laws and levels of violence. This can be exemplified by how the states with the strictest gun laws which includes Massachusetts, California, and New York also rank in the lowest amount of gun violence. For example, Massachusetts is second in terms of strictest gun laws, and also last in the gun violence ranking meaning it has low levels of violence compared to the other states. On the other hands, the states with the least strict gun laws including Mississippi, Idaho, and Arkansas also rank in the highest levels of gun violence. To further illustrate, Mississippi is second to last in terms of strictest gun laws while having the highest gun violence levels. So, there is a strong correlation between gun laws and gun violence which can be shown by the data in the rankings.

Question 16

How were the seven wealthy democratic nations similar?

Answer 16

The seven wealthy democratic nations are similar because they all had gun massacres that made stricter gun laws.

Question 17

How is America different than the six wealthy democratic nations?

Answer 17

America is different from the other six wealthy democratic nations because the gun laws are not as strict, and it is the country with the most gun violence in the world.

Question 18

What is the leading cause of death for children & young adults in the United States?

Answer 18

Gun violence

Question 19

In 2021, guns killed how many Americans?

Answer 19

More than 45,000

Question 20

United States of America

Answer 20

% of world’s population?
5%

% of world’s civilian-owned guns?
46%

Firearms rank per capita in the world?
1

Question 21

How is the right to bear arms is not unlimited in us? (2)

Answer 21

U.S. Congress & state legislatures have authority to enact gun legislation
U.S. Supreme Court has upheld some firearms restrictions
Bans on concealed weapons & possession ofcertain types of weapons

Question 22

What did the Gun Control Act of 1968 accomplish?

Answer 22

18 or older to buy
No criminals, mentally disabled or dishonorably discharged

What did the 1993 Brady Act accomplish?
Background checks

Question 23

Most recent mass shootings & how many were killed in the united states?

Answer 23

Las Vegas in 2017 (sixty people)
Uvalde, Texas in 2022 (twenty-two people)

What weapons/accoutrements are legal?
Semiautomatic assault weapons, military-style .50 caliber rifles, handguns, or large-capacity magazines

Question 24

Canada

Answer 24

Firearms rank per capita?
5th

How is Canada different than US & why?
Doesn’t have gun violence
National Govt – gun restrictions

What happened at a Montreal Engineering School in 1989?
14 students were killed – by another student
Armed semiautomatic rifle

Impacts?
Major gun reforms
28 day waiting period
Mandatory safety courses
More detailed background checks
Ban on large capacity magazines

What guns are illegal?
Full auto

What did the gun law of 1995 accomplish? (2)
License to buy guns & ammo
Register all firearms

What happened in 2020?
Deadliest mass shooting – 22 people

What was the impact?
Assault weapons style firearms – ban
Buyback
Strict storage regime

Question 25

What was the inflection point & what happened australia?

Answer 25

What was the inflection point & what happened? Port Arthur Massacre 1996 35 people & nearly 2 dozen wounded Worst mass shooting Semi-automatic rifle What did the National Agreement on Firearms accomplish? (5) Banned auto & semi rifles Need license Safety course Registration Buy back program Took 650,000 weapons out of circulation After the Melbourne shooting of 2002 – what was tightened? Handguns Results of gun restrictions? Decline in gun death rates

Question 26

Israel

Answer 26

What is compulsory? Military service What happens to most 18-year-olds? (4) Drafted into the military Psychologically screened Weapons training Serve 2 or 3 years Describe their gun strict laws & provide 3 examples? Strick Ban on assault weapons Register ownership 1 gun per owner How does one obtain a gun license? (5) Israeli citizen or permanent resident Speak some Hebrew Pass health screening Minimum age 21 services 27 no service 45 permanent resident

Question 27

United Kingdom

Answer 27

What was the Hungerford massacre (1987)? Lone gunman armed with two semiautomatic rifles & a handgun went on a six-hour shooting spree Killed more than a dozen people What did the Firearms (Amendment) Act accomplish? Banned weapons, including certain semiautomatic rifles Increased registration requirements for other weapons What happened in Dunblane 1996? Country’s worst mass shooting Man armed with 4 handguns shot & killed sixteen schoolchildren & one adult before committing suicide Impacts? Snowdrop Petition Legislation banning handguns Buyback program Took tens of thousands of illegal or unwanted guns out of supply What is the major difference between police in the UK & America? Police in UK do not carry firearms What do supporters of this policy claim? Policing of the public by consent as opposed to by force

Question 28

Norway

Answer 28

What happened at an Oslo island summer camp in 2011? Right-wing extremist killed seventy-seven How does Norway rank worldwide in gun ownership? 14th How are Norwegian police similar to their British counterparts? Do not carry firearms What are the 3 requirements to own a gun? @ least eighteen years of age Specify a “valid reason” for gun ownership Obtain a government license What have critics of gun control argued after the Oslo tragedy? Ineffective If other Norwegians, including the police, been armed, the gunman might have been stopped earlier & killed fewer victims What did the Norwegian parliament do in 2018? Banned semi-automatic rifles What is still legal? Pistols

Question 29

Japan

Answer 29

How many people live in Japan? 125 million How many die from gun violence? Fewer than 100 What 2 items reflect this? Most guns are illegal ownership rates are low What is legal under Japan’s firearm and sword law? (4-5) Shotguns, air guns, guns with specific research or industrial purposes, or those used for competitions What are the requirements to obtain a specialty weapons permit? Formal instruction Pass a battery of written, mental, & drug tests Rigorous background check Inform the authorities of how their weapons & ammunition are stored Provide their firearms for annual inspection Why do some analysts claim Japan has an aversion to firearms? (2 reasons) Demilitarization in the aftermath of World War II Overall crime rate in the country is so low Most Japanese see no need for firearms

Question 30

Big picture of global gun violence

Answer 30

What have they all experienced? Massacres How did they all respond? Made gun restrictions What was the result? Reduced gun violence What can America do to fix it? Make laws

Question 31

Civil Liberties

Answer 31

Protects individuals from government actions

Question 32

Why is bill of rights needed?

Answer 32

Different political philosophies of Founding Fathers Epic battle between Federalists & Anti-Federalists Why was it added to the original Constitution? Appease states What does it do? Lists the rights of individuals & states (Originally) to protect them from the federal government Now = all forms of Govt

Question 33

1st Amendment

Answer 33

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 peaceably to assemble, and to petition the government for a redress of grievances.

Question 34

In the U.S., is it legal to burn the flag as a means of political protest?

Answer 34

Yes! Only 25% of Americans answered correctly What type of speech is this? Symbolic Speech

Question 35

Preamble

Answer 35

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

Question 36

1st Amendment protects against

Answer 36

Government restraint

Question 37

Freedom of speech- Does not protect against

Answer 37

Private actors

Question 38

Can Archmere censor a student newspaper?

Answer 38

YES Why? Archmere = Private

Question 39

Members of a neo-Nazi organization dressed in WWII German military uniforms conduct a parade in a Jewish neighborhood

Answer 39

Who & What action? Neo-Nazis → parade Affect? Jewish neighborhood What First Amendment right(s) is/are being exercised? Speech (Speech-plus = parade & Symbolic = uniforms) Assembly

Question 40

How would you determine whether the feelings of the people being offended outweigh the rights of those exercising their right to free speech or press?

Answer 40

Violence or denying access to goods & services

Question 41

In exercising these first amendment rights, what cannot you do?

Answer 41

Violate other citizens’ rights established in the Constitution Who solves these conflicts? Courts US Supreme Court

Question 42

Origins of second amendment

Answer 42

English law required… Male landowners to have weapons & serve in militia Limits? (2) Couldn’t carry arms in public (1328) Only upper class could own guns

Question 43

English Bill of Rights (1689)

Answer 43

How were gun rights protected? Protestants could own guns How were gun rights limited? Catholics (minority) couldn’t own guns

Question 44

Colonists & Guns

Answer 44

During the Revolution, many people owned guns Who did NOT? (4) Slaves Couldn’t own & use only in special circumstances Women Free African-Americans Catholics

Question 45

Early America

Answer 45

States did not want a federal standing army Afraid of federal tyranny What is the purpose of the 2nd Amendment? Protect states & individuals from central government

Question 46

4th Amendment

Answer 46

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 Warrants 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. Using the language above – why was it “unreasonable”? No Warrant Using the language above – why was it “reasonable”? (2) Probable cause – severing Permission for the search

Question 47

Advice?

Answer 47

Be… Polite Respectful Yes Officer, No Officer Stay calm Move slowly

Question 48

5 Pieces of Advice?

Answer 48

Pull over immediately Turn off car Place hands on the wheel At night – turn on interior light Don’t consent to search Don’t get tricked Determine if you are free to go

Question 49

Advice related to Amendments

Answer 49

Don’t consent to search 4th Amendment = unreasonable searches & seizures Don’t get tricked Refusal to search is not evidence of guilt 5th Amendment = testify against yourself

Question 50

What if I Refuse, But Police Search Me Anyway?

Answer 50

Why refuse? Don’t know what’s there Damage You refuse, but Police search anyway? Lawyer can challenge – court Evidence not admissible

Question 51

What civil liberty is protected in 4th amendment?

Answer 51

Right to have protection against unreasonable searches and seizures

Question 52

Who does it protect the individual from 4th amendment?

Answer 52

The individual is protected from the government

Question 53

How can a search legally take place?

Answer 53

A search can legally take place if an individual consents to the search or if there is a reasonable cause to search the car such as one that is crime and violence related.

Question 54

What does government have to balance in 8th amendment?

Answer 54

Protecting public safety and the rule of law with individual rights of those convicted of crimes.

Question 55

What is the purpose of bail?

Answer 55

The purpose of a bail is to get people to show up to court.

Question 56

What constitutes a fair bail?

Answer 56

A bail is fair when it is proportionate to the seriousness of the crime committed and the level of urgency for the person to show up to court.

Question 57

What is the purpose of a fine?

Answer 57

The purpose of a fine is to deter an individual from committing future offenses as a sum of their money is taken away.

Question 58

What constitutes a fair fine?

Answer 58

A fine can be considered fair when it is proportionate to the seriousness of the crime committed.

Question 59

What makes a punishment cruel and unusual?

Answer 59

A punishment is considered cruel and unusual if it involves the characteristics of being excessively harsh, degrading, and disproportionate to the crime.

Question 60

What standard is used to determine if a punishment is cruel and unusual?

Answer 60

The standard that is used to determine if a punishment is cruel and unusual is society’s evolving standards of decency. The standard analyzes the level of suffering and humiliation inflicted on the individual in order to determine whether the punishment is cruel and unusual.

Question 61

What was the major impact of Gideon v. Wainwright (1963)?

Answer 61

The major impact of Gideon v. Wainwright is that it was affirmed that the 6th amendment’s guarantee of counsel was a fundamental right. Additionally, the holding was that indigent defendants must have representation without charge.

Question 62

What was the result of Mapp v. Ohio (1961)?

Answer 62

The major result of Mapp v. Ohio was that illegally obtained evidence (such as through an illegal search and seizure) cannot be used in a criminal trial.

Question 63

What was the major impact of Miranda v. Arizona (1966)?

Answer 63

Miranda v. Arizona’s major impact was that the Miranda rights or warning was enacted, and police officers had to inform the accused of their 5th and 6th Amendment rights.

Question 64

What was the holding of New Jersey v. T.L.O. (1985)?

Answer 64

The holding of New Jersey v. TLO was that school officials can search students based on reasonable suspicion rather than probable cause or a warrant. Additionally, students have a reduced expectation of privacy in school.

Question 65

What was the holding of Terry v. Ohio (1968)?

Answer 65

Police officers can pat down a person (stop and frisks) if they have a good reason, and it was decided that this was fair to protect officers and others.