• The Bill of Rights was added to the Constitution because
    key states refused to ratify the Constitution unless it was added. This was a significant concern during the ratification debates, leading to the promise of adding the Bill of Rights.
  • An example of a right explicitly protected by the Constitution as drafted at the Constitutional Convention is the
    right to a writ of habeas corpus. This right is mentioned in Article I, Section 9 of the Constitution.
  • The Fourteenth Amendment was critically important for civil liberties because it
    helped start the process of selective incorporation of the Bill of Rights. It extended protections against state infringement of individual rights.
  • Briefly explain the difference between civil liberties and civil rights.
    Civil liberties refer to the individual freedoms guaranteed to citizens, often outlined in the Bill of Rights, such as freedom of speech and religion. Civil rights, on the other hand, refer to the rights of individuals to receive equal treatment under the law, often focusing on preventing discrimination and ensuring equal opportunity.
  • Briefly explain the concept of selective incorporation and why it became necessary.
    Selective incorporation is the legal doctrine by which certain rights in the Bill of Rights are applied to the states through the Fourteenth Amendment’s Due Process Clause. It became necessary because it ensured that fundamental rights were protected from infringement by state governments, not just the federal government.
  • Which of the following provisions is not part of the First Amendment?
    The right to keep and bear arms. This right is protected by the Second Amendment.
  • The Third Amendment can be thought of as
    forming part of a broader conception of privacy in the home that is also protected by the Second and Fourth Amendments. It prohibits the quartering of soldiers in private homes without consent.
  • The Fourth Amendment’s requirement for a warrant
    does not apply when there is a serious risk that evidence will be destroyed before a warrant can be issued. This is known as the “exigent circumstances” exception.
  • Explain the difference between the Establishment Clause and the Free Exercise Clause, and explain how these two clauses work together to guarantee religious freedoms.
    The Establishment Clause prohibits the government from establishing an official religion or favoring one religion over another. The free exercise clause protects individuals’ rights to practice their religion freely without government interference. Together, they create a framework that ensures both the separation of church and state and the protection of individual religious practices.
  • 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?
    The collective rights view posits that the Second Amendment’s right to bear arms is tied to service in a militia, while the individual rights view argues that it guarantees an individual’s right to own firearms. The Supreme Court’s decision in District of Columbia v. Heller reflected the individual rights view, affirming the right to possess a firearm for self-defense.
  • The Supreme Court case known as Kelo v. City of New London was controversial because it
    allowed greater use of the power of eminent domain. The ruling allowed the government to seize private property for economic development, raising concerns about property rights.
  • Which of the following rights is not protected by the Sixth Amendment?
    The right to remain silent. This right is part of the Fifth Amendment.
  • The double jeopardy rule in the Bill of Rights forbids which of the following?
    Prosecuting someone in a state court for a criminal act he or she had been acquitted of in federal court. It protects individuals from being tried twice for the same offense.
  • The Supreme Court has decided that the death penalty
    may not be applied to those who were under 18 when they committed a crime. This ruling reflects concerns about juvenile justice and the appropriateness of capital punishment for minors.
  • Explain why someone accused of a crime might negotiate a plea bargain rather than exercising the right to a trial by jury.
    A defendant might negotiate a plea bargain to avoid the uncertainties and potential harsher penalties of a trial. It can lead to a reduced sentence or lesser charges, providing a more certain outcome.
  • Explain the difference between a criminal case and a civil case.
    A criminal case involves the government prosecuting an individual for violating laws that prohibit certain behaviors, with potential penalties including imprisonment or fines. A civil case involves disputes between individuals or entities, often over rights, responsibilities, or compensation, typically resolved through monetary damages or injunctions.
  • Which of the following rights is not explicitly protected by some state constitutions?
    The right to polygamous marriage. This right is not recognized in state constitutions due to legal prohibitions against polygamy.
  • The right to privacy has been controversial for all the following reasons, except
    most U.S. citizens today believe the government should be allowed to outlaw birth control. This statement does not accurately reflect public opinion on privacy rights and birth control.
  • Which of the following rules has the Supreme Court said is an undue burden on the right to have an abortion?
    Women must notify their spouses before having an abortion. This requirement was deemed an undue burden by the Court.
  • A major difference between most European countries and the United States today is
    laws in Europe more strictly regulate how government officials can use tracking technology. European privacy laws tend to be more stringent than those in the U.S.
  • Explain the difference between a right listed in the Bill of Rights and a common-law right.
    A right listed in the Bill of Rights is explicitly enumerated in the Constitution, protecting individual freedoms from government infringement. A common-law right is derived from judicial precedents and customs, evolving through court decisions over time rather than being explicitly codified.
  • Describe two ways in which new technological developments challenge traditional notions of privacy.
    a. The widespread use of surveillance cameras and facial recognition technology can lead to constant monitoring of individuals in public spaces, infringing on their privacy.
    b. The collection and storage of personal data by companies and governments through smartphones and internet use can result in unauthorized access and use of sensitive information, eroding traditional privacy protections.
  • The framers of the Constitution were originally reluctant to include protections of civil liberties and rights in the Constitution. Do you think this would be the case if the Constitution were written today? Why or why not?
    If the Constitution were written today, it is unlikely the framers would be as reluctant to include civil liberties protections. The historical context of civil rights movements and current societal values emphasize the importance of safeguarding individual rights against governmental abuse.
  • Which rights and freedoms for citizens do you think our government does a good job of protecting? Why? Which rights and freedoms could it better protect, and how?
    The government generally does a good job protecting freedom of speech and the right to vote, supported by robust legal frameworks and enforcement mechanisms. However, it could better protect the right to privacy through more comprehensive data protection laws and regulation of surveillance practices.
  • In which areas do you think people’s rights and liberties are at risk of government intrusion? Why? Which solutions would you propose?
    People’s rights and liberties are at risk in areas like surveillance and data privacy, where government agencies may overreach in collecting personal information. Solutions could include stricter regulations on data collection and clearer guidelines for law enforcement’s use of surveillance technology.
  • What are the implications of the Supreme Court decision in Burwell v. Hobby?
    The decision in Burwell v. Hobby Lobby allowed closely held corporations to refuse to provide contraception coverage in health insurance plans based on religious objections, raising questions about the balance between religious freedom and women’s healthcare rights.
  • How does the provision for and the protection of individual rights and freedoms consume government resources of time and money? Since these are, in effect, the people’s resources, do you think they are being well spent? Why or why not?
    Protecting individual rights and freedoms requires significant government resources for legal enforcement, public education, and the judiciary. While it may seem costly, these investments are essential to uphold democracy and ensure justice, thus justifying their expenditure.
  • There is an old saying that it’s better for 100 guilty people to go free than for an innocent person to be unjustly punished. Do you agree? Why or why? What do you think is the right balance for our society to strike?
    I agree with the saying as it emphasizes the importance of protecting the rights of the innocent over punishing the guilty without due process. The right balance for society is to maintain a fair and just legal system that upholds the presumption of innocence and ensures accountability without sacrificing individual rights.

Leave a Reply