Poli Sci Study Guide Chapter 4

Why was the Bill of Rights added to the Constitution?

key states refused to ratify the Constitution unless it was added

An example of a right explicitly protected by the Constitution as drafted at the Constitutional Convention?

right to a writ of habeas corpus

Why is the Fourteenth Amendment critically important for civil liberties?

helped start the process of selective incorporation of the Bill of Rights

Which of the following provisions is not part of the First Amendment?

the right to keep and bear arms

How might the Third Amendment be thought of as today?

a broader conception of privacy in the home that is also protected by the 2nd and 4th amendments

What is the Fourth Amendment’s requirement for a warrant?

does not apply if a serious risk that evidence will be destroyed before a warrant can be issued 

Why was the Supreme Court case known as Kelo v. City of New London controversial?

allowed greater use of the power of eminent domain

Which of the following rights is not protected by the Sixth Amendment?

the right to remain silent

The double jeopardy rule in the Bill of rights forbids which of the following?

none of these options

What has the Supreme Court decided concerning the death penalty?

may not be applied to those who were under the age of 18 when they committed a crime 

Which of the following rights is not explicitly protected by some state constitutions?

the right to polygamous marriage

Which is NOT a reason the right to privacy has been controversial?

most Americans believe the government should be allowed to outlaw birth control

Which has the Supreme Court said is an undue burden of the right to an abortion?

Women must notify their spouses before having an abortion

What is a major difference between most European countries and the United States today? 

laws in Europe more strictly regulate how government officials can use tracking technology

Explain why someone accused of a crime might negotiate a plea bargain rather than exercising a trial by jury.

it reflects a clear path rather than the uncertainty of a trial and plea bargains result in weaker punishments

Explain the difference between a criminal case and a civil case.

In criminal cases the government charges a suspect with criminal wrong doing. Civil cases take place between two people or organizations or involve more minor infractions.

Explain the difference between a right listed in the Bill of Rights and a common-law.

Rights listed in the Bill of Rights are given clearer protection than one developed through courts.

Why might freedom of expression of children in public schools be restricted?

interference with school discipline and rights of others 

Why is the motto, “In God We Trust” permitted on U.S. currency?

it is not an effort to promote religion by the government

Explain the differences between civil liberties and civil rights.

Civil liberties are limitations on the power of government designed to ensure personal freedoms. Civil rights guarantee equal treatment by government authorities.

Where specifically in the Constitution are civil liberties protected?

The Bill of Rights

Explain the concept of selective incorporation.

the Constitution inserts parts of the Bill of Rights into state laws

What is included in the freedom of expression in the First Amendment?

freedom of religion, speech, press, assembly, and petition.

What does the Constitution explicitly state about the right of privacy?

Privacy is not explicitly listed in the Constitution

First Amendment

freedom of expression

Second Amendment

the right of people to keep and bear arms

Third Amendment

no quartering or housing of soldiers

Fourth Amendment

places limits on both searches and seizures

Fifth Amendment

rights in criminal cases (grand jury, double jeopardy, self-incrimination, Miranda warning, and eminent domain)

Sixth Amendment

right to a speedy trial by an impartial jury (plea bargaining, right to counsel/attorney)

Seventh Amendment

right to a jury trial in a civil case

Eighth Amendment

freedom from excessive bail, fines, or cruel punishment

Ninth Amendment

rights retained by the people

Tenth Amendment 

state’s rights to powers not delegated to the federal government