Chapter 10 - The Bill of Rights

Question 1

what freedoms/rights are listed in the first amendment?

Answer 1

1. freedom of religion
2. freedom of speech
3. right to press
4. right to petition
5. right to assemble

Question 2

what is the right to worship freely?

Answer 2

congress can’t make any faith the official religion of the U.S. or make laws that favor any religion over another: a wall between church and state.

anyone can hold and religious beliefs without fear of punishment, but they can’t do whatever they want in the name of religious freedom.
ex. parents can’t deny their children medical treatment or vaccination bc of religious beliefs

Question 3

what is the right to press?

Answer 3

press is vital in a democratic society bc they act as watchdogs on the government and allow for the free flow of ideas, keeping citizens informed and able to make up their own minds about important issues.

but there are responsibilities of the press, such as making sure not to spread false accusations or publish information that would aid an enemy during wartime.

Question 4

what is the right to free speech?

Answer 4

one can speak freely in public places, but can’t endanger public safety. speech also includes symbolic speech, or actions people take to express their opinions. no form of expression can be banned just because society finds it offensive or disagreeable.

Question 5

what is the right to petition?

Answer 5

americans are allowed to appeal to the government.

Question 6

what is the right to assemble?

Answer 6

citizens can use public property for meetings and demonstrations, such as parades, protest marches, and political rallies–as long as it’s peaceful. they can’t close streets or buildings or protest violently, and the police can arrest speakers who urge listeners to riot or to break the law.

Question 7

what is the second amendment?

Answer 7

the right to bear arms.

“a well-regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed [limited].”

protects an individual’s right to own a gun for personal use, including self-defense inside the home.

Question 8

what is the third amendment?

Answer 8

the right to refuse quartering troops in homes.

even though soldiers aren’t quartered in homes today, it’s still important because it’s a warning to the government to respect the privacy of people’s homes.

Question 9

what is the fourth amendment?

Answer 9

people and their belongings are protected from “unreasonable searches and seizures.”

the police must show a judge that there is a good reason to arrest a person or search someone’s home before they can do it. then the judge issues a warrant saying exactly who will be arrested or what will be searched.

there doesn’t actually have to be a warrant but there still has to be probably cause. the search also has to respect an individual’s right to privacy.

Question 10

what rights are listed in the fifth amendment?

Answer 10

1. right to a grand jury hearing
2. protects citizens from double jeopardy
3. prohibits self-incrimination
4. prevents people from being deprives of “life, liberty, or property, without due process of law”
5. stops the government from taking someone’s private property for public use “without just compensation”

Question 11

what is a grand jury hearing?

Answer 11

a group of citizens who hear the government’s evidence and decide whether a trial is justified. if so, they issue an indictment, or formal charge, and if not, the accused person is released.

Question 12

what is double jeopardy?

Answer 12

a person who is tried for a crime and found not guilty cannot be tried again for that same crime.

Question 13

what is self-incrimination?

Answer 13

the police cannot force people to say things that might be used against them in a trial. the police have to remind people of their right to remain silent before they start to question them, and and they have to warn people that anything they do say can be used against them at a trial; aka “miranda warning.” this also applies to a defendant testifying in court; they may refuse to answer questions that might damage their case, aka “taking the fifth.”

Question 14

what is due process?

Answer 14

the government has to follow clear rules and act reasonable as it carries out the law.

ex. every person must be presumed innocent until proven guilty, and the government has to prove its case against a defendant “beyond a reasonable doubt.”

Question 15

what does “stops the government from taking someone’s private property for public use without just compensation” mean?

Answer 15

the government has to pay a fair price when it takes over a person’s property for purposes such as building roads or parks.

Question 16

what is listed in the sixth amendment?

Answer 16

1. right to a speedy trial
2. right to a public trial
3. right to a trial by an impartial jury
4. accused person must be given info about the supposed crime
5. right for a defendant to hear and question all testifying witnesses at the trial
6. right to an attorney

Question 17

what is a speedy trial?

Answer 17

people cannot be kept in jail for long periods before being judged at a trial. this ensures that witnesses testify while their memories of events are still fresh.

Question 18

what is a public trial?

Answer 18

trials may not be held in secret, and citizens have a right to attend trials in order to ensure that justice is being done.

Question 19

why does the accused person have to be given info about the supposed crime?

Answer 19

before a trial, the prosecutor has to tell the accused person the charge, time, and place of the supposed crime. this is essential to the accused person’s preparation of their defense.

Question 20

what is the right for a defendant to hear and question all testifying witnesses at the trial?

Answer 20

a defendant can hear and question all witnesses who testify at the trial. even if the witnesses are reluctant, they have to testify if the defendant orders them to.

Question 21

what is the right to an attorney?

Answer 21

a defendant is provided with an attorney assisting in their defense, even if they can’t afford a lawyer. this is the most important right of accused persons because without legal help, an innocent person could easily be convicted of a crime.

Question 22

what is listed in the seventh amendment?

Answer 22

1. in all but the most minor cases, people involved in a civil case have a right to a jury trial
2. “no fact tried by a jury shall be otherwise reexamined.” after a jury decides the facts of a case, no judge can overrule the jury’s decision

Question 23

what are civil cases?

Answer 23

disputes between people or business. they typically involve money, property, or family matters, such as divorce.

Question 24

what is listed in the eighth amendment?

Answer 24

1. forbids a judge from demanding “excessive” bail

2. forbids “excessive fines” and “cruel and unusual punishments”

Question 25

what is bail?

Answer 25

money or property given to the court to hold until an accused person shows up at trial. if they can’t pay bail, they have to stay in jail until trial.

judges can’t use unreasonably high bail to keep someone in jail before their day in court.

Question 26

what are “cruel and unusual” punishments?

Answer 26

undefined, but changes with time.
punishments have to be “proportionate” to the crime.
ex. people convicted of minor crimes cannot receive long prison terms.

Question 27

what is the ninth amendment?

Answer 27

even though certain rights are listed in the constitution, other rights and liberties not listed are also retained, or kept, by the people. the rights protected under the constitution aren’t the only rights people have, such as the right to privacy.

Question 28

what is the tenth amendment?

Answer 28

the reserved powers clause. protects the states from excessive federal power. powers not given to the national government by the constitution are “reserved to the states… or to the people.” reserved powers are those that the constitution prohibits the states from having.
ex. laws regulating driving speed limits, days of public school attendance, running elections, regulating businesses inside borders, and setting up local governments. this amendment gives states the power to issue business licenses to hair salons and the power to ensure that doctors are licensed to practice medicine in their state.