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.
How many amendments for the BOR were approved by the state?
10
Our Bill of rights today are the
First 10 amendments in the Constitution
The Bill of RIghts reflect
Our CIVIL LIBERTIES!!
when were the Bill of Rights Ratified?
in 1791
What was the ruling of Barron v. Baltimore?
ruled that states DO NOT have to follow the bill of rights. Also stated that the bill of rights are only used to regulate the federal govt.
T/F: under Barron v. Baltimore a state could, in essence, pass laws limiting religious freedom.
TRUE
barron v. baltimore stated that states did not have to follow the Bill of Rights
What was the question in the case of Barron v. Baltimore?
Do states have to abide by the Bill of Rights?
What is the background of Barron v. Baltimore?
○ Mr. Barron lived in the city of Baltimore. Mr. Barron asked the government to pay him money because he said he had a 5th amendment claim. (under the 5th amendment that cannot take away your private property, without paying you money; any takings will be compensated.)
When was the 14th amendment ratified?
1868
the 14th amendment is also called
the civil rights amendment
What did the 14th amendment establish?
- the equal protection clause –> all states must treat everyone equally
- ** STATES WERE NOW REQUIRED TO FOLLOW THE BILL OF RIGHTS aka Selective Incorporation**
What is selective incorporation?
states/ cities cannot make laws against the Bill of Rights
Selective Incorporation was established in
the 14th amendment
Amendment I
- freedom of religion
- cannot prohibit free exercise
- freedom of speech and press
- right to a peaceful assemble
- can petition the govt. for a redress of grievances
Amendment II
- the US can maintain a well-regulated militia
- right to keep and bear arms
Amendment III
no quartering of troops/ soldiers
Amendment IV
- right against unreasonable searches and seizures
- no warrant without probable cause
Amendment V
- Right to an indictment by a grand jury, unless under martial law
- No Double Jeopardy: cannot be sentenced for the same offense twice
- Due process: no person cannot be deprived of life, liberty, or property w/out due process of the law
- private property cannot be taken without compensation
Amendment VI
- right to a speedy and public trail
- right to an impartial jury
Amendment VII
- Right to a trail by jury, in civil cases over $20 and all criminal cases
Amendment VIII
- No excessive bail
- no cruel or unusual punishment
Amendment IX
- includes rights that are not listed
- Protects life, liberty, and property
Amendment X
The power not delegated to the US by the constitution are reserved to the people
