Bill of Rights

Which of the following scenarios would be an example of a violation of one of the civil liberties protected by the Bill of Rights?

• A restaurant refuses to serve a group of people because of their race

• A federal court refuses to provide a lawyer for a defendant who cannot afford one

• A state gerrymanders a district giving one political party an advantage when attempting to get candidates elected

• A state refuses to issue a marriage license to a same-sex couple

“There are other good things of less moment. I will now add what I do not like [about the Constitution]. First the omission of a bill of rights providing clearly & without the aid of sophisms for freedom of religion, freedom of the press, protection against standing armies, restriction against monopolies, the eternal & unremitting force of the habeas corpus laws, and trials by jury in all matters of fact triable by the laws of the land & not by the law of Nations. . . . Let me add that a bill of rights is what the people are entitled to against every government on earth, general or particular, & what no just government should refuse or rest on inference.”

-Thomas Jefferson, letter to Madison, 20 December 1787

Which of the following statements best summarizes Jefferson’s argument?

• A bill of rights is necessary to protect civil rights like equal protection under the law

• A bill of rights is necessary to protect civil liberties from infringement from the federal government

• A bill of rights is unnecessary because state constitutions already protect the rights of the people

• A bill of rights is unnecessary because listing some rights will lead to government regulation of those rights

“There are other good things of less moment. I will now add what I do not like [about the Constitution]. First the omission of a bill of rights providing clearly & without the aid of sophisms for freedom of religion, freedom of the press, protection against standing armies, restriction against monopolies, the eternal & unremitting force of the habeas corpus laws, and trials by jury in all matters of fact triable by the laws of the land & not by the law of Nations. . . . Let me add that a bill of rights is what the people are entitled to against every government on earth, general or particular, & what no just government should refuse or rest on inference.”

-Thomas Jefferson, letter to Madison, 20 December 1787

Based on the text, which of the following statements would the author most likely agree with?

• The Bill of Rights places necessary restrictions on the federal government’s power

• The United States Constitution successfully places limits on the federal government without adding the Bill of Rights

• The Bill of Rights could potentially be used to limit civil liberties by state governments

• The amendment process makes it too easy for citizens to change the structure of the federal government

• a

• b

• c

• d

Which of the following describes a reason why the Framers decided to include a Bill of Rights?

• It was specifically designed to determine what powers were given to the federal government and what powers were given to the states

• It was specifically designed to articulate the enumerated and implied powers of the federal government

• It was specifically designed to protect individual liberties and rights from a strong central government

• It was specifically designed to outline the amendment process and extend voting rights to disenfranchised groups

“In the Bill of Rights for this Commonwealth it is declared that the happiness of the people & the Preservation of civil government depend upon the piety religion & morality & that the people have a right to invest their Legislature with power to require that provision be made for the public worship of God & the support of protestant teachers & require the attendance of people upon such worship instructions.... We must insist that the Continental Constitution contain a Bill of Rights which by Express shall secure to us our privileges especially our religion.”

Daniel Adams, at a town meeting in Townshend, Massachusetts, 1787

Which of the following statements best summarizes the author’s argument?

• Each state constitution should adopt a bill of rights specific to that state

• A bill of rights would protect civil liberties such as freedom of religion

• The Constitution creates a system of checks and balances that protects individual liberties without a bill of rights

• Listing specific rights in the Bill of Rights will lead to the regulation of those rights

“In the Bill of Rights for this Commonwealth it is declared that the happiness of the people & the Preservation of civil government depend upon the piety religion & morality & that the people have a right to invest their Legislature with power to require that provision be made for the public worship of God & the support of protestant teachers & require the attendance of people upon such worship instructions.... We must insist that the Continental Constitution contain a Bill of Rights which by Express shall secure to us our privileges especially our religion.”

Daniel Adams, at a town meeting in Townshend, Massachusetts, 1787

Based on the text, which of the following statements would the author most likely agree with?

• The Bill of Rights could potentially be used to limit individual liberties

• The United States Constitution includes protections for individual liberties and a bill of rights is unnecessary

• The structure of the legislative branch ensures that individual liberties are protected

• Individual liberties must be secured against governmental intrusions by specific language in foundational documents

Which of the following best defines civil liberties?

• Rights that guarantee individuals freedom from discrimination at both the state and federal levels of government

• Rights given to the states to protect them from the federal government superseding their power

• Freedoms that protect citizens, opinions, and property against government abuse of power

• Freedoms that give people the right to refuse to obey laws as a peaceful form of political protest

Which of the following scenarios represents a violation of one of the civil liberties protected by the Bill of Rights?

• A law is passed in Congress which bans guns in schools because of the effect it has on interstate commerce

• A state creates a racially gerrymandered district to meet requirements in the Voting Rights Ac

• A state compels Amish students to attend school past the eighth grade

• A school district segregates its students into schools based on the students’ race

“[I]t has already been incontrovertibly shown that on the present occasion a bill of rights was totally unnecessary, and that it might be accompanied with some inconveniency and danger if there was any defect in the attempt to enumerate the privileges of the people. This system proposes a union of thirteen sovereign and independent states in order to give dignity and energy to the transaction of their common concerns. It would be idle, therefore to countenance the idea that any other powers were delegated to the general government than those specified in the Constitution itself.”

Justice Thomas McKean at the Pennsylvania State Convention to ratify the Constitution, edited by John Back McMaster and Frederick D. Stone, 1788

Which of the following best summarizes the author’s argument?

• It is necessary to add a Bill of Rights because the Constitution gives the federal government too much power

• A Bill of Rights would potentially give the federal government more power than is explicitly stated in the Constitution

• A Bill of Rights should only protect civil liberties at the state level, not the federal level

• A Bill of Rights is unnecessary because it would give too much power to the thirteen states