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4.8: Review Questions

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    1. The Bill of Rights was added to the Constitution because ________.
      1. key states refused to ratify the Constitution unless it was added
      2. Alexander Hamilton believed it was necessary
      3. it was part of the Articles of Confederation
      4. it was originally part of the Declaration of Independence
    Answer

    A

    1. An example of a right explicitly protected by the Constitution as drafted at the Constitutional Convention is the ________.
      1. right to free speech
      2. right to keep and bear arms
      3. right to a writ of habeas corpus
      4. right not to be subjected to cruel and unusual punishment
    2. The Fourteenth Amendment was critically important for civil liberties because it ________.
      1. guaranteed freed men the right to vote
      2. outlawed slavery
      3. helped start the process of selective incorporation of the Bill of Rights
      4. allowed the states to continue to enact Black codes
    Answer

    C

    1. Briefly explain the difference between civil liberties and civil rights.
    2. Briefly explain the concept of selective incorporation, and why it became necessary.
    Answer

    Selective incorporation is the process of expanding the application of the Bill of Rights to also include the states. It became necessary in order to guarantee people’s civil liberties equally across all states.

    1. Which of the following provisions is not part of the First Amendment?
      1. the right to keep and bear arms
      2. the right to peaceably assemble
      3. the right to free speech
      4. the protection of freedom of religion
    2. The Third Amendment can be thought of as ________.
      1. reinforcing the right to keep and bear arms guaranteed by the Second Amendment
      2. ensuring the right to freedom of the press
      3. forming part of a broader conception of privacy in the home that is also protected by the Second and Fourth Amendments
      4. strengthening the right to a jury trial in criminal cases
    Answer

    C

    1. The Fourth Amendment’s requirement for a warrant ________.
      1. applies only to searches of the home
      2. applies only to the seizure of property as evidence
      3. does not protect people who rent or lease property
      4. does not apply when there is a serious risk that evidence will be destroyed before a warrant can be issued
    2. Explain the difference between the establishment clause and the free exercise clause, and explain how these two clauses work together to guarantee religious freedoms.
    Answer

    The two clauses together protect religious liberty but from opposite directions. The establishment clause prevents governments from having an official religion (thus giving all religions a chance to flourish), while the free exercise clause clearly empowers individuals to practice as they wish.

    1. Explain the difference between the collective rights and individual rights views of the Second Amendment. Which of these views did the Supreme Court’s decision in District of Columbia v. Heller reflect?
    2. The Supreme Court case known as Kelo v. City of New London was controversial because it ________.
      1. allowed greater use of the power of eminent domain
      2. regulated popular ride-sharing services like Lyft and Uber
      3. limited the application of the death penalty
      4. made it harder for police to use evidence obtained without a warrant
    Answer

    A

    1. Which of the following rights is not protected by the Sixth Amendment?
      1. the right to trial by an impartial jury
      2. the right to cross-examine witnesses in a trial
      3. the right to remain silent
      4. the right to a speedy trial
    2. The double jeopardy rule in the Bill of Rights forbids which of the following?
      1. prosecuting someone in a state court for a criminal act they had been acquitted of in federal court
      2. prosecuting someone in federal court for a criminal act they had been acquitted of in a state court
      3. suing someone for damages for an act the person was found not guilty of
      4. none of these options
    Answer

    D

    1. The Supreme Court has decided that the death penalty ________.
      1. is always cruel and unusual punishment
      2. is never cruel and unusual punishment
      3. may be applied only to acts of terrorism
      4. may not be applied to those who were under 18 when they committed a crime
    2. Explain why someone accused of a crime might negotiate a plea bargain rather than exercising the right to a trial by jury.
    Answer

    Someone accused of a crime may take a plea bargain because it reflects a clear path forward rather than the uncertainty of a trial. Typically plea bargains result in weaker punishments than does a court trial.

    1. Explain the difference between a criminal case and a civil case.
    2. Which of the following rights is not explicitly protected by some state constitutions?
      1. the right to hunt
      2. the right to privacy
      3. the right to polygamous marriage
      4. the right to a free public education
    Answer

    C

    1. The right to privacy has been controversial for all the following reasons except ________.
      1. it is not explicitly included in the Constitution or Bill of Rights
      2. it has been interpreted to protect women’s right to have an abortion
      3. it has been used to overturn laws that have substantial public support
      4. most U.S. citizens today believe the government should be allowed to outlaw birth control
    2. Which of the following rules has the Supreme Court said is an undue burden on the right to have an abortion?
      1. Women must make more than one visit to an abortion clinic before the procedure can be performed.
      2. Minors must gain the consent of a parent or judge before seeking an abortion.
      3. Women must notify their spouses before having an abortion.
      4. Women must be informed of the health consequences of having an abortion.
    Answer

    C

    1. A major difference between most European countries and the United States today is ________.
      1. most Europeans don’t use technologies that can easily be tracked
      2. laws in Europe more strictly regulate how government officials can use tracking technology
      3. there are more legal restrictions on how the U.S. government uses tracking technology than in Europe
      4. companies based in Europe don’t have to comply with U.S. privacy laws
    2. Explain the difference between a right listed in the Bill of Rights and a common-law right.
    Answer

    A right listed in the Bill of Rights is afforded clearer protection than one developed incrementally through court precedents.

    1. Describe two ways in which new technological developments challenge traditional notions of privacy.

    4.8: Review Questions is shared under a not declared license and was authored, remixed, and/or curated by LibreTexts.

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