Civil Liberties: The Bill of Rights Flashcards
Which of the following amendments address crime and punishment in the United States?
i. 5th Amendment
ii. 6th Amendment
iii. 7th Amendment
iv. 8th Amendment
v. 9th Amendment
A. i only
B. ii and iv only
C. i, ii, iii, and iv only
D. ii, iii, iv, and v only
C. i, ii, iii, and iv only
Because British troops stayed in people’s homes against their will during the American Revolution, the Bill of Rights denies soldiers the right to \_\_\_\_\_\_\_\_\_\_ in private residences without permission of the owner. A. depart B. quarter C. unhinge D. decorate
B. quarter
In a movie, you hear an actor say, “I choose to remain silent.” This is also known as pleading the \_\_\_\_\_\_\_\_\_\_, a reference to the amendment that gives a person the right to remain silent. A. First B. Fifth C. Third D. Fourth
B. Fifth
A criminal complains that he has been given a sentence that is far too severe for the crime he has committed. His lawyer argues that this goes against his rights as defined by the Bill of Rights. Which amendment would the criminal’s lawyer use to prove that his client’s rights were violated, and how would he use it?
In defending his client, the lawyer would use the Eighth Amendment. The Eighth Amendment clearly forbids “cruel and unusual punishment” as well as “excessive” penalties for crimes. The lawyer could argue that the punishment for his client violates his Eighth Amendment rights and appeal the ruling.
Describe the rights of any criminal accused of a crime as it is defined in the Fifth Amendment.
The Fifth Amendment states that any criminal accused of a crime has the right to a jury who will determine if there is enough evidence to bring the accused to trial. If a jury deems that there is enough evidence for trial, the accused is not required to testify at his own trial; he has the right to remain silent. It also notes that the accused cannot be deprived of “life, liberty, or property” without the due process of law. It also forbids anyone from prosecuting someone twice for the same crime. This is known as “double jeopardy.”
Which of the following is guaranteed by the Sixth Amendment? A. the right to bear arms B. the right to a fair trial C. the right to free speech D. the right to petition the government
B. the right to a fair trial
The Ninth Amendment of the Constitution is below. What is the main purpose of this amendment, and why is it so general?
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
The Ninth Amendment to the Constitution came about because people worried that the many rights that were not specifically stated by the Bill of Rights would not be considered rights. Therefore, the Ninth Amendment was created to state that the ten rights listed are not necessarily the only rights that should be given to American citizens. The amendment was written generally so that, in the future, politicians could use it to ensure any rights they saw fit.
Analyze how two court cases—Engel v. Vitale (1962) and West Virginia Board of Education V. Barnette (1943)—confirmed the First Amendment right to freedom of religion.
Engel v. Vitale (1962) was a case in which New York State’s Board of Regents attempted to force children to pray in public schools. The Supreme Court ruled that this law violated the First Amendment. The ruling affirmed that, in the United States, church and state (religion and government) were separate. If a child attended a public school, he/she should be able to express his/her own religious beliefs in any way he/she sees fit. The case of West Virginia Board of Education v. Barnette (1943) involved forced participation in the Pledge of Allegiance. Two students claimed they could not participate in the pledge based on religious beliefs and sued the state board. Again, the Supreme Court agreed that the students should be allowed to excuse themselves from any ceremonies that offended their religious beliefs.
The Sixth Amendment guarantees that no one will ever face “double jeopardy.” What is double jeopardy?
A. when a criminal faces a double life sentence
B. when two criminals are accused of the same crime
C. when a criminal faces trial for the same crime twice
D. when a criminal pays double the fines for the same crime committed twice
C. when a criminal faces trial for the same crime twice
The First Amendment of the Constitution is one of the most important parts of the Bill of Rights. What specific rights does this amendment guarantee to every American citizen?
The First Amendment guarantees many freedoms, including the freedom of speech, the freedom of religion, the freedom of press, and the freedom to petition and assemble against the government. The freedom of speech gives any American citizen the right to proclaim their views; the freedom of religion guarantees that every American citizen has the right to practice his/her own religion; the freedom of press guarantees the right for the press (or media) to publish any information they see fit; and the freedom to petition and assemble against the government gives ordinary citizens the right to challenge the decisions of their leaders. All of these rights, however, come with one condition: they cannot be used to take away the rights of others.
Which amendment was introduced to prevent anyone from assuming that the rights enumerated in the Bill of Rights are the only protected rights? A. Ninth B. Tenth C. Eighth D. Fourth
A. Ninth
The First Amendment right to freedom of religion was central in deciding the outcome to which of the following trials? A. Engel v. Vitale B. Gideon v. Wainright C. Marbury v. Madison D. the trial of Peter Zenger
A. Engel v. Vitale
The right to petition and assemble against the government is guaranteed by the First Amendment. Which of the following is NOT included in this right?
A. the right to assemble in public areas
B. the right to assemble large groups of people
C. the right to argue against government policy
D. the right to assemble at military bases or prisons
D. the right to assemble at military bases or prisons
The amount of money that is required for an accused person to await their trial outside of a prison cell is called \_\_\_\_\_\_\_\_\_\_. If a person can’t make \_\_\_\_\_\_\_\_\_\_, they must await their trial in jail. (Note: The same word answers both blanks.) A. bail B. release C. jail money D. cash pardon
A. bail
Which amendment causes the most friction between gun control advocates and the National Rifle Association? A. Third Amendment B. Tenth Amendment C. Eighth Amendment D. Second Amendment
D. Second Amendment
