Flashcards and Answers – The Bill of Rights
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What is the BILL OF RIGHTS? When was it added to the Constitution?
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It is the 1st ten amendments of the Constitution. added in 1791
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Why was it added to the Constitution? (Identify ANTIFEDERALISTS and FEDERALISTS)
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It was added to the Constitution at the urging of Anti-Federalists, who said they would not ratify the Constitution without one. so the federalists, who supported it, made a deal with them that they would write a bill of rights if they ratified the constitution
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What are CIVIL RIGHTS?
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Rights protected in the Constitution
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What government institution interprets the Constitution and helps define, on a case-by case-basis, what exactly your rights are?
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The Supreme court
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What is the right the supreme court has called?
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Judicial Review
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The Bill of Rights relates to which Founding Principle of the Constitution, and why?
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It is related to the founding principle of limited government. The Constitution creates a powerful national government---the Bill of Rights is there to ensure that this powerful government doesn't infringe on people's rights
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Do people have unlimited rights? If not, where do those rights end?
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No, their rights end where other's rights begin
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What freedoms are protected by the First Amendment? Be able to define each.
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Relligion- Speech- Press- Assembly- Petition the government
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What freedom do all five of these first amendment rights relate to?
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Freedom Of Expression
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For each of your first amendment rights, give two examples for how you can "express" yourself using that right.
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religious belief-attend religious ceremonies, right to practice religion (reading sacred text, praying, rituals). speech-talking, art/music. press-media, written/published material. assembly-protest/march, membership in unions, clubs, interest groups, political parties. petition-newspaper, mailing/emailing.
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What is the term that means a separation between religion and government?
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separation of church and state
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What are the two clauses in the 1st amendment maintains a separation of religion and government? Be able to define each.
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establishment clause (the governemnt can't favor any religion) and free exercise clause (government can't prevent people from practicing their religion)
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Give an example of religious activity that is NOT protected by the first amendment. Try to use an actual case that we discussed in class (you don't have to know the name of the case)
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If the practice of a person's religion breaks the law or harms others. The Supreme Court upheld a lower court's decision which convicted Reynolds of polygamy (marriage to more than one wife) even though his Mormon beliefs allowed it.
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What kind of speech is protected? Define SYMBOLIC SPEECH, UNPOPULAR VIEWS as part of your answer.
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Symbolic speech-expression that is not spoken but is shown in art music clothign etc. , unpopular views-a view that the majority of the people have but is still a legitimate opinion, Any speech that is peaceful, non-threatening, non harmful
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Give two examples of symbolic speech.
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art/music, clothing,
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What kind of speech is NOT protected? Define/Identify CLEAR AND PRESENT DANGER, INCITING A RIOT, FIGHTING WORDS as part of your answer. Be able to list obscenity and harassment as part of this list.
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Threats to national security (schenck vs. US), clear and present danger (This principle states that if speech creates a real credible threat to someone or some thing, that form of speech is not protected) (schenck vs. US or someone clearly threatens the prez), fighting words/inciting a riot (leading a group and starting a riot by saying they should kill or hurt someone), harrassment, obscenity (what is considered obscene depends on the context)
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Discuss the TINKER vs. DES MOINES BOARD OF ED case. What does this case have to do with Symbolic Speech?
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Tinker and her friends went to school with black armbands protesting the vietnam war. there were quiet and passive but were suspended. 1. A prohibition against expression of opinion is not permissible "without any evidence that the rule is necessary to avoid substantial interference with school discipline or the rights of others." 2. the First Amendment protects teachers and students (subject to the special characteristics of the school environment).
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Discuss SCHENCK v UNITED STATES. What does this case have to do with Clear and Present danger?
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Schenck told people that were drafted shouldnt go to world war I. he was convicted of espionage and said to the supreme court that it was a practice of his free speech. but the supreme court upheld this because it was a threat to national security.
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What is freedom of Assembly/association?
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People can associate with other citizens .
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Name two ways people can exercise their freedom of assembly.
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political parties, social gatherings
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Name one LIMIT on freedom of assembly
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rioting
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How can people petition the government for a redress of grievances? Name two ways.
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complain to the government, critisize it
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What is another word for press?
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media
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Name the three types of press and define each. Give two specific example of an actual media outlet for each.
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print-the new york times, new york post. broadcast-NBC, CBS. electronic-cnn.com, abcnews.com
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What is the power of the U.S. Supreme Court to review laws called?
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judicial reviews
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How many members of the U.S. Supreme Court are there?
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9
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What are judges on the U.S Supreme court called?
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Justices
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What is the "head judge" of the U.S. Supreme Court called?
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chief justice
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Who is currently Chief Justice of the U.S. Supreme Court?
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john roberts
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How many votes does each Justice get when deciding a case?
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One
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How do U.S. Supreme Court Justices get their job?
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Nominated by the President, confirmed by the senate
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What is a U.S. Supreme Court Justice's term of office?
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"During good behavior"
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What check does the Supreme Court have on Congress? On the President?
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the supreme court can declare a president's actions unconstitutional. they can declare laws made by Congress unconstitutional
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Name two checks Congress has on the Judicial Branch
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The senate confirms the president's nominations. Congress can impeach judges and remove them from office.
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Name two checks the President has on the Judicial Branch
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The prez nominated judges. can also grant pardons and reprieves
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How do most cases reach the Supreme Court
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appealed through lower federal courts
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Does the Suprme Court have to take/review every appeal submitted to it?
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NO
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What happens if the Supreme Court decided NOT to take/review a case?
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Lower court decision stands
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The Supreme Court can either uphold a lower court decision or ____________ it.
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overturn
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What different kinds of news publications are there? Name three and describe each.
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Lifestyle (soft news, entertainment, fashion), hard news/breaking news (USA today, the new york times, newsweek), trade (billboard, MD news, the American Lawyer)
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Why is a free press so important? Discuss three ways the press benefits the public.
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Freedom of Press promotes individual growth and happiness (1. If you are properly informed, you will be make better consumer choices 2. You will be more aware and informed in the areas of your own individual interests, beliefs and tastes.). Freedom of Press is a necessary part of representative government (People MUST be properly informed to make political decisions. The media provides critical information about current events, candidates, public figures and the actions of government that are vital to the public. The public can then make up its mind about these issues and make their will known to their elected officials.) A free press helps hold the government, elected officials and businesses accountable (If the government is doing something wrong, the people can only act on it if they know about it, so THE MEDIA ACTS LIKE A WATCHDOG. Government and businesses will act more virtuously if they are under scrutiny and afraid of being exposed.)
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When press is NOT free and controlled by the government, what is it used for?
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Propaganda
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What kind of press is NOT protected?
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LIBEL=statements that are (1. published 2. untrue and 3. damaging to a person's character and reputation.) Clear and present danger, obscenity, commercial speech
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Are commercials and advertising press?
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NO! Though advertising often uses the media, it is commercial speech, and can be heavily regulated (controlled) by the government
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What are some ways the modern press is criticized? Name three ways from the discussion
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Media is too powerful-"spin" shapes public opinion| Too profit-driven--Advertising is their bottom line. Does this compromise journalistic integrity?| News is too sensational. "If it bleeds, it leads"
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What are arms?
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weapons
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How does the government use guns?
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militia, police, army
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How do private citizen use guns? Name three ways
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Sport/hunting, self-defense (citizens can only use deadly force if a violent felony is being committed an investigation will follow to determine if deadly force was justified), Crime
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How are guns regulated? What kinds of guns are illegal? How does the government restrict ownership?
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illegal weapons=Assault weapons, Automatic weapons, bazookas. Requirements for ownership=Age requirement, permits are required for handguns, waiting periods (Brady Bill).
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What is the debate over guns? (identify GUN CONTROL) Name one argument from either side. Name one interest group from either side.
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debate=What are the danger of guns?, Who should have guns, and who shouldn't?, What kinds of guns are o.k., and which should be illegal?. Million mom march=against guns (less guns=safer society). NRA (national rifle assiciation)=with guns (more guns=safer society)
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What does the third amendment protect people from?
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the quartering act
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What right does the Fourth Amendment protect?
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privacy
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What does the Fourth Amendment protect people from?
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UNREASONABLE SEARCH AND SEIZURE
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What is Unreasonable Search and Seizure? What is Reasonable Search and Seizure?
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An example of UNREASONABLE SEARCH is STOP AND FRISK - say you are walking down the street minding your own business, and the police stop you and search you for no reason. An example of UNREASONABLE SEIZURE would be if you were caught speeding, and rather than just giving you a speeding ticket, the police confiscated your car. Some searches and seizures are NOT unreasonable-for example, searching a bag before you get on an airplane, or enter some other public place where the public's safety could be at risk frisking a criminal before they get arrested searching a criminal's house for drugs or evidence (if the police have a WARRANT)
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What does the fourth amendment apply to
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your body, car, house, your communications
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What is the exception of the warrant requirement? Name four exceptions.
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hot pursuit-The police are chasing someone and they enter their home, or their car. The police don't need a warrant to continue chasing them. Probable cause/reasonable suspicion-If you are acting suspiciously, or if the police have good reason to suspect you of breaking the law, they can search you without a warrant Exigent Circumstances-Fancy way of saying "emergency". Say the police hear a gunshot or cries for help in someone's house. They can enter that house to investigate without a warrant. Plain View-If the police see something is in plain sight, they can search you, your car or your home
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How does the Fifth amendment protect the rights of the accused?
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You are innocent until proven guilty - the Bill of Rights guarantees that you have a fair chance to prove your innocence. grand jury-A group of citizens that decide whether there is enough evidence to accuse someone of a crime. DOUBLE JEOPARDY-You can't be put on trial for the same crime twice. SELF-INCRIMINATION-You don't have to testify against yourself (you can "take the fifth"
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What is EMMINENT DOMAIN and what does the fifth amendment say in regards to it?
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The government can take your property for public use, but it has to PAY you for it. "nor shall private property be taken for public use, without just compensation."
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What does the Sixth Amendment guarantee each citizen?
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right to a fair trial
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How does the sixth amendment protect citizen's right to a fair trial? Name four ways
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Speedy and Public trials="Public"=Trials have to be out in the open and a matter of public record. No secret trials! "Speedy"= You have to be put on trial in a reasonable amount of time. | Trial by Jury=You are judged by a jury of your peers. The jury has to be IMPARTIAL- that is-- objective. | Adequate Defense=You have the right to an attorney! Most people aren't experts on the law-- they wouldn't know how to defend themselves if they were accused of a crime. | right to call witnesses|SUBPEONEA (you are forced to go to court or else) , PERJURY (lie in court), CONTEMPT OF COURT (when you dont listen in court "not quiet, dont obey orders")
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What is considered cruel and unusual punishment? DEFINE "the punishment must fit the crime"
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Torture, certain forms of execution, punishment must fit the crime (can't hang for stealing pencil)
