ss.8.CG.2.4 Constitution and Individual Rights (Assessment #s)

Which right ensures the fair treatment of a citizen during court proceedings?

• the right to peaceably assemble

• the right to due process 

• the right to free speech 

• the right to bear arms 

Answer explanation

The Fifth and Fourteenth Amendments protect individuals from governments depriving them of “life, liberty or property without due process of law." People accused of crimes have the right to have laws that treat them fairly, including fair court proceedings.

A is Incorrect- While this is a right protected by the First Amendment, it is not related to protections of rights during court proceedings.

B is Incorrect- While this is a right protected by the First Amendment, it is not related to protections of rights during court proceedings.

C is Incorrect- While this is a right protected by the Second Amendment, it is not related to 

protections of rights during court proceedings.

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

• petition the government 

• due process of the law 

• trial by jury 

• privacy 

Answer explanation

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.

A is Incorrect- This right is mentioned in the First Amendment.

B is Incorrect- This right is mentioned in the Fifth Amendment.

C is Incorrect- This right is mentioned in the Sixth Amendment.

Which of the following terms found in the Constitution protects against

the legislature from criminalizing acts after they have occurred?

• right to a summary 

  judgment

• right to habeas corpus 

• no double jeopardy 

• no ex post facto 

Answer explanation

An ex post facto law, or “after the fact,” is a law passed that makes a previously legal activity illegal.

A is Incorrect- Summary judgment is a type of decision made by a court.

B is Incorrect- Habeas corpus is a protection from being illegally detained or jailed.

C is Incorrect- Double jeopardy occurs when someone is tried twice for the same crime. 

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… the great difficulty lies in this; you must first enable to 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 people.

• The U.S. Constitution 

  limits the power of the 

  national 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

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.

A is Incorrect- The Constitution safeguards the rights of the people by limiting the power of the government. The passage does not address situations where individual rights may be limited.

C is Incorrect- The U.S. Constitution does not require states to provide for the common defense. The quote does not address defense.

D is Incorrect- The quote does not address the government’s responsibility to promote the general welfare.

This passage about government is from Federalist No. 78.

A constitution is, in fact, and must be regarded by the judges, as a fundamental law.

It therefore belongs to them to ascertain its meaning, as well as the meaning of any

particular act proceeding from the legislative body. 

What conclusion may be drawn from the author’s views in this passage?

• The U.S. Constitution 

  requires a bill of rights.

• The U.S. Supreme Court ensures individual rights are protected.

• The U.S. Congress has the sole responsibility of 

  passing legislation.

• The U.S. Constitution 

  requires state laws to align with national laws.

Answer explanation

Through the power of judicial review, it is the job of the U.S. Supreme Court to evaluate laws in respect to the U.S. Constitution and ensure individual rights and freedoms are protected.

A is Incorrect- This quote does not address the inclusion of a bill of rights.

C is Incorrect- This quote does not address the roles and responsibilities and Congress.

D is Incorrect- While the Supremacy Clause of the U.S. Constitution does require state laws not to go against the U.S. Constitution, that is not being addressed in this quote.

Which statement best explains why the Supreme Court ruled that the First Amendment does not protect speech that creates a "clear and present danger"?

• Speech that creates a "clear and present danger" may interfere with the rights of other people.

• Speech that creates a “clear and present danger” is 

  reserved for government authority.

• Speech that creates a “clear and present danger” 

  challenges government authority.

• Speech that creates a “clear and present danger” 

  weakens religious values.

Answer explanation

Correct- While the First Amendment protects freedom of speech, the U.S. Supreme Court may determine that not all speech is protected because exercising one right is not supposed to impact someone else’s rights.

B is Incorrect- The government has the same or similar restrictions on speech as on individuals.

C is Incorrect- The First Amendment allows challenges to government authority.

D is Incorrect- Weakening religious values may be an outcome, but the First Amendment does not address weakening religious values.

This is a statement from a Supreme Court case. 

Students do not shed their constitutional rights to freedom of speech or

expression at the schoolhouse gate.

What does this statement best suggest about individual rights?

• Individual rights have 

  sometimes been limited by lack of opportunity.

• Individual rights are 

  sometimes challenged 

  based on age or status.

• Individual rights should be determined by location.

• Individual rights should never be restricted.

Answer explanation

The statement suggests that students’ First Amendment rights are not taken away while they are in school.

A is Incorrect- The statement does not connect with a lack of opportunity.

C is Incorrect- The statement opposes limiting rights based on location (school).

D is Incorrect- The statement does not forbid appropriate restrictions on rights.

This statement is from a U.S. Supreme Court decision. 

A person who is a resident of a loyal State, where he was arrested, who was never resident in any State engaged in

rebellion, nor connected with the military or naval service, cannot be regarded as a prisoner of war. 

What constitutional safeguard does this statement describe?

• independent judiciary 

• right to privacy 

• habeas corpus 

• ex post facto 

Answer explanation

Habeas corpus protects individuals from being illegally detained or jailed.

A is Incorrect- While an independent judiciary is important to democracy it does not apply to this passage.

B is Incorrect- The right to privacy is not implied in this passage.

D is Incorrect- An ex post facto law, or “after the fact”, is a law passed that makes illegal a previously legal activity

This scenario describes a 1919 U.S. Supreme Court decision. 

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The U.S. Supreme Court ruled against a Socialist Party member who was arrested and convicted for distributing a pamphlet 

during World War I stating that: “The Socialist Party says that…officers of the law … violate the …United States Constitution, the Supreme Law of the Land, when they refuse to recognize your right to assert your opposition to the draft.” The Supreme Court reasoned that the ideas found in the pamphlet represented a “clear and present danger” to the country if supporters of the ideas found in the pamphlet refused to serve in the military. 

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Based on this scenario, which constitutional principle did the U.S. Supreme Court limit?

• due process 

• freedom of speech 

• executive privilege 

• independent judiciary 

Answer explanation

The case described focuses on whether speech could be limited in the scenario presented

A is Incorrect- The scenario does not describe due process violations or limitations.

C is Incorrect- The scenario focuses on an individual who does not hold executive office; rather, the individual’s role in this scenario is as a member of a political party.

D is Incorrect- An independent judiciary is a constitutional principle reflected in the scenario although judicial independence is not limited in the scenario.

This timeline 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

Protections from cruel and unusual punishment are safeguarded, such as ending certain forms of the death penalty and the U.S. Supreme Court determining that minors may not be executed, although executions continued in several states.

A is Incorrect- The U.S. Supreme Court determined that the death penalty was cruel and unusual punishment for juveniles, based on the events presented in the timeline, therefore safeguarding and not limiting the protection.

B is Incorrect- The focus of the timeline is on safeguarding protection from cruel and unusual punishment and not on due process.

C is Incorrect- The timeline does not focus on due process of law while executions continue.