Exam 2: Bill of Rights Flashcards
what is civil liberties?
limitations on government power, intended to protect freedoms that the govt. cannot legally intrude on.
(your BASIC FREEDOMS)
Civil liberties are reflected in the
BILL OF RIGHTS
T/F: The bill of rights/ civil liberties are only for U.S. citizens.
FALSE
civil liberties extends to everyone!!
Example: if a family from Germany comes to the US to go to Disney World they also have the same civil liberties as every other American.
Civil Liberties apply to
any person who is in the United States or is being detained by the U.S. govt. (in essence, everyone!!)
T/F: When we wrote the constitution the bill of rights were also written at the same time.
FALSE
When we created the constitution there was NOT a bill of rights
Why wasn’t there a bill of rights in the constitution?
Because the Constitution had Article 1, Section 9
What article in the constitution gave people complete civil liberty (basic rights)?
Article 1, Section 9
What did Article 1, Section 9 establish?
- Prohibited the passage of bills of attainder
- Prohibited ex facto laws
- Cannot suspend a Writ of Habeas Corpus
What did Article I, Section 9 mean when it stated that it prohibitted Bills of Attainder?
Did not allow individuals to be guilty of a crime without having a trail
(must have a trail to be convicted as guilty)
What did Article I, Section 9 mean when it stated that Ex Facto Laws were prohibited? & provide an example.
it Prohibited individuals from getting in trouble for committing a crime when said crime was legal.
example:
The government is going to outlaw alcohol again on Friday. A lot of people go out on Thursday to drink, the police cannot come arrest them on Friday
What is an Writ of Habeas Corpus?
When someone is arrested/ detained they must know why they are being arrested
What group of people believed that Article I, section 9 was enough, in regards to civil liberties?
who opposed/ wanted to add more to Article I, section 9?
the Federalists LOVED article I, section 9
while the anti-federalist believed we needed more civil liberties.
How did the Bill of Rights come to be?
○ The anti-federalist did not want to pass the constitution because there were no civil liberties in the constitution. But the federalist were like ummm yess we do have civil liberties with the article 1, section 9. the anti-federalist said we are not going to pass the constitution without more civil liberties. The federalist said, okay if you pass the constitution then we are later going to include a section for civil liberates. The federalist came back on to make the Bill of Rights. Thanks to the anti-federalist we have the BOR! :)
Anti-federalist were like okay we will ratify the constitution as long as we know there is going to be a Bill of Rights to protect individual later.
Who created the BOR?
James Madison
Explain the Process of passing the Bill of Rights.
- 17 amendments went through the house
- Then 12 amendments left the Senate
- Finally the state approved 10 amendments.