civil liberties and civil rights

Question 1

Amendment I

Answer 1

(Privacy of Beliefs)
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 2

Amendment III

Answer 2

(Privacy of the Home)
No Soldier shall, in time of peace be quartered in any house, without the
consent of the Owner, nor in time of war, but in a manner to be prescribed
by law.

Question 3

Amendment IV

Answer 3

(Privacy of the Person and Possessions)
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.

Question 4

Amendment IX

Answer 4

(More General Protection for Privacy?)
The enumeration in the Constitution, of certain rights, shall not be
construed to deny or disparage others retained by the people.

Question 5

Liberty Clause of the Fourteenth Amendment

Answer 5

No State shall… deprive any person of life, liberty, or property,
without due process of law.

Question 6

What is Incorporation Theory and why is it so important?

Answer 6

The incorporation doctrine is a practice by the courts that makes selective provisions from the first 10 amendments to the U.S. Constitution, also known as the Bill of Rights, binding for all states.

Question 7

What happened as a result of Gitlow v. New York (1925)?

Answer 7

the Supreme Court began incorporating the Bill of Rights through the due process clause of the Fourteenth Amendment, making it apply to the states as well.

Question 8

Which amendments have not been incorporated?

Answer 8

The Third (freedom to quarter soldiers) and Seventh (right to jury trial in civil case) Amendments have not been incorporated, nor has the portion of the Fifth Amendment that calls for a grand jury indictment.

Question 9

What was the precedent of Gideon v Wainwright?

Answer 9

Since the Court set this precedent in Gideon v. Wainwright all people charged with a felony AND CANNOT PAY for their own attorney are entitled to one. Gideon got a new trial with a public defender and he was found not guilty.

Question 10

What are civil liberties?

Answer 10

The legal constitutional protections against the government.