The Bill of Rights + Other Amendments

Where can a description of U.S. citizens’ civil liberties be found?

• Declaration of Independence

• Preamble to the U.S. Constitution

• Pledge of Allegiance

• Bill of Rights

Answer explanation

Correct – The Bill of Rights is an enumeration (listing) of civil liberties. The Bill of Rights was developed to limit federal government power, and to protect individuals from abuse of federal government power.

Thomas Jefferson said this in a 1786 letter to John Jay: "....our liberty which cannot be guarded but by the freedom of the press". Why should this freedom be guarded?

• to provide the news media with a guaranteed profit

• to keep the news media from controlling the political process

• to provide the government with an accurate information source

• to keep the government from becoming the primary information source

Answer explanation

Correct – Freedom of the press allows the media to gather news and information which they share with the public. This keeps the government from being the public’s primary information source.

This is one of the grievances found in the Declaration of Independence: "For protecting them, by a mock Trial, from punishment for any Murders which they should commit on the Inhabitants of these States" Which rights listed in the Bill of Rights reflect this complaint?

• due process of law, assistance of counsel, speedy and public trial

• equal protection, assistance of counsel, speedy and public trial

• bear arms, due process of law, speedy and public trial

• bear arms, equal protection, speedy and public trial

Answer explanation

Correct – A “mock trial” means a fake trial, so colonists who were accused of murder were not given a fair trial. This is the correct answer because the Fifth and Sixth Amendments protect criminal trial rights. Due process is a system of justice that follows established laws and principles. The Fifth Amendment states that the government cannot deprive a citizen of life, liberty nor property without due process of law. Assistance of counsel means that persons who are accused of crimes have the right to be represented by an attorney; this right is protected by the Sixth Amendment. The Sixth Amendment also protects the right to a speedy and public trial.

Which right is NOT mentioned in the U.S. Constitution?

• petition the government

• due process of law

• trial by jury

• privacy

Answer explanation

Correct – Privacy, or the right to be left alone, is an unenumerated right; it is not listed in the U.S. Constitution or in any amendment.

This passage about government is from Federalist No. 51.

“If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself.”

How are the author’s views from this passage applied in the U.S. Constitution?

• The U.S. Constitution limits the rights of the people.

• The U.S. Constitution limits the power of the federal government.

• The U.S. Constitution requires the states to provide for the common defense.

• The U.S. Constitution requires the government to promote the general welfare.

Answer explanation

Correct – The passage states that limits must be put on the power of the government in order to protect the rights of the people. The metaphor in the passage explains that the power of the government must be controlled to protect individual rights.

Look at the timeline. It shows events related to the death penalty.

What constitutional protections have resulted from these events?

• Constitutional protections from cruel and unusual punishment are safeguarded while executions continue.

• Constitutional protections from cruel and unusual punishment are limited while executions continue.

• Constitutional protections of due process of law are safeguarded while executions continue.

• Constitutional protections of due process of law are limited while executions continue.

Answer explanation

Correct – The Eighth Amendment protects individuals from cruel and unusual punishment. The timeline describes a series of events that have protected individuals from cruel and unusual punishment while the government has continued to enforce and expand the use of the death penalty as a form of criminal punishment.

Which situation does NOT involve a right protected by the Bill of Rights?

• A. Freedom to publish opinions in the local newspaper

• B. The ability to own a gun, as long as the laws are followed

• C. The guarantee of a well-paying job

• D. Freedom to join the church of choice

Answer explanation

The Bill of Rights is the first 10 amendments to the Constitution. It exists to protect Americans way of life. The First Amendment protects political and religious freedom, with the rights to speech, press, assembly, petition, and religion. Writing an opinion in a local paper and joining a church of your choice are protected by the First Amendment. The Second Amendment protects the right to bear arms, which means people can purchase and own guns and other weapons as long as they follow laws. A well-paying job, however, is not a right guaranteed by the Constitution.

Peter Brown has lived in his home since he was a child. Now the department of parks and recreation wants to tear down his neighborhood to build a park. A government official comes to visit Peter and offers to buy the house from him. Peter refuses. The official says that the government will now seize the property under the constitutional power of "eminent domain." According to the U.S. Constitution, under what circumstances would Peter win his fight to keep his home?

• A. If Peter could prove that he had paid the full price of the house already

• B. If Peter was born as a citizen of the United States, not a naturalized citizen or resident

• C. If the government did not make a reasonable effort to build the park in an uninhabited area

• D. If the government did not offer him fair market price for his home

Answer explanation

The Fifth Amendment has several parts. It protects the rights of those accused of crimes, but also includes a line about property in general. The last line says "nor shall private property be taken for public use, without just compensation." It safeguards people against government taking their property. However, the legal limit to this right is "eminent domain". This phrase means the government has the power to claim the property for public use (like for a public park or roadway) after paying the owner a fair price for it.

Ben was prosecuted and convicted in state court for speaking out publicly against the governor. During his trial, he was denied the counsel of a lawyer. Two years later, the U.S. Supreme Court overturned his conviction, explaining that the state had not guaranteed Ben’s constitutional rights. Which amendments apply to this case?

• A. Amendment I (free speech) and Amendment VI (due process)

• B. Amendment I (free press) and Amendment IV (search and seizure)

• C. Amendment IX (unenumerated rights) and Amendment VI (due process)

• D. Amendment IX(unenumerated rights) and Amendment IV (search and seizure)

Answer explanation

They Amendments that apply to this case are Amendment I and Amendment VI. The First Amendment protects political and religious freedom, with the rights to speech, press, assembly, petition, and religion. Speaking out against a government official is tied to the First Amendment right to freedom of speech. The Sixth Amendment protects the right to legal counsel and to present evidence in defense. If Ben was denied a lawyer, his Sixth Amendment right was violated.

Anne Tracy works as a journalist for The Daily Mouth. She wrote a story about how Senator Jones cheated on a law school exam. She interviewed witnesses who saw the senator cheating. The story ran on the front page. Senator Jones denied the charges. Then he resigned from office. He plans to sue The Daily Mouth for damages. Under what circumstances could he sue the paper and win his lawsuit?

• A. He could sue the paper for libel and could win the case if he proved that Tracy had a grudge against him.

• B. He could sue the paper for slander and could win the case if he proved that Tracy had a grudge against him.

• C. He could sue the paper for libel and could win the case if he proved that the accusations were untrue and his reputation was hurt.

• D. He could sue the paper for slander and could win the case if he proved that the accusations were untrue and his reputation was hurt.

Answer explanation

The First Amendment protects most speech or expression, but not all. Though Americans have freedom of expression, they may not use that freedom in a way that harms the rights of others. Some of these limits are related to giving false information such as slander and libel. Both of these mean sharing information that is not only false, but also harmful to a person's reputation or position in the community. The difference is that slander is spoken aloud while libel is printed. An example could be a newspaper printing a made-up story about a Senator cheating on a law school exam. If the Senator’s reputation was hurt by the untrue story, he could sue the newspaper for libel.