Deck 8: The Bill of Rights

Question 1

Who was primarily responsible for drafting the Bill of Rights?

A) Benjamin Franklin
B) Thomas Jefferson
C) Thomas Paine
D) James Madison

Answer 1

James Madison

Question 2

According to the readings, which of the following provisions has not been formally applied to the states?

A) Fifth Amendment right to a grand jury indictment in felony cases
B) First Amendment right to peaceably assemble
C) Fifth Amendment right against self incrimination
D) Eighth Amendment right against cruel and unusual punishment

Answer 2

Fifth Amendment right to a grand jury indictment in felony cases

Question 3

Which theory of individual rights is reflected in the Declaration of Independence provision stating that "all men . . . are endowed by their Creator with certain unalienable Rights?"

A) Natural Rights Theory
B) Compact Theory
C) Creationism Theory
D) Theory of Alienability

Answer 3

Natural Rights Theory

Question 4

Which theory of individual rights is reflected in the Supreme Court's ruling in United States v. Verdugo-Urquidez (addressing the issue of whether the Fourth Amendment's protections against unreasonable searches and seizures apply to foreign citizens who are arrested and whose homes are searched by American agents in other countries)?

A) Natural Rights Theory
B) Compact Theory
C) Creationism Theory
D) Theory of alienability

Question 5

What constitutional provision has been used to make most of the provisions within the Bill of Rights applicable to the states?

A) Fourteenth Amendment Due Process Clause
B) Fourteenth Amendment Equal Protection Clause
C) Fourteenth Amendment Privileges or Immunities Clause
D) Fifth Amendment Due Process Clause

Question 6

Would a professor at a public university be permitted to lead a class in saying a "Hail Mary" prayer in honor of college basketball team? Why or why not?

A) yes, because the professor is not Congress
B) no, because the first amendment alone would bar such activity
C) yes, because the professor is not a state
D) no, because the fourteenth amendment would preclude such activity

Question 7

The Supreme Court ruled that the right to privacy is constitutionally-protected liberty in ________.

A) Adamson v. California
B) Griswold v. Connecticut
C) Rochin v. California
D) Barron v. Baltimore

Question 8

If the Court decides to recognize a constitutional right to die (a right not currently recognized by the Court and not explicitly in the Bill of Rights) and require the states to recognize this right, what doctrine of incorporation would this reflect?

A) total incorporation doctrine
B) select incorporation doctrine
C) selective incorporation
D) fundamental fairness/implicit in concept of ordered liberty

Question 9

Which right is NOT explicitly mentioned in the Bill of Rights?

A) Right to Privacy
B) Right to Bear Arms
C) Right to Due Process
D) Right to Grand Jury Indictment in Capital Cases

Question 10

What is a "penumbra?"

A) an umbrella that doubles as a pen
B) a lunar shadow
C) the name given to the most junior justice on the Court
D) the name of a website for Supreme Court opinions

Question 11

What phrase is used to describe the theory that governmental power can be limited by enumerating or listing the government's specific powers in a constitution?

A) inclusio unis est exclusio alterius
B) habeas corpus
C) corpus maximus
D) res judicata

Question 12

According to the readings, which case BEST illustrates the fact that the Supreme Court generally has refrained from imposing any affirmative obligations (as opposed to negative restrictions) on the government when it comes to the Bill of Rights and Due Process Clause?

A) Roe v. Wade
B) Barron v. Baltimore
C) Thompson v. Shillito
D) DeShaney v. Winnebago County Department of Social Services

Question 13

A theory of individual liberties that considers liberties to be the product of a negotiated contract is called:

A) compact theory.
B) natural rights theory.
C) divine theory.
D) instilled theory.

Question 14

Which amendment bars the government from abridging the freedom of religion?

A) First Amendment
B) Second Amendment
C) Third Amendment
D) Fourth Amendment

Question 15

Which amendment bars the government from infringing the right to bear arms?

A) First Amendment
B) Second Amendment
C) Third Amendment
D) Fourth Amendment

Question 16

Which amendment bars the government from imposing excessive bail?

A) Fourth Amendment
B) Fifth Amendment
C) Sixth Amendment
D) Eighth Amendment

Question 17

Which amendment provides accused persons the right to confront witnesses against them?

A) Fourth Amendment
B) Fifth Amendment
C) Sixth Amendment
D) Eighth Amendment

Question 18

During the states' ratification debates, many delegates reintroduced objections to ratifying the proposed Constitution without the inclusion of a bill of rights.

Question 19

James Madison originally opposed the inclusion of a bill of rights during the Constitutional Convention.

Question 20

Generally, the powers held by the three branches of government under the Articles of the Constitution are treated as grants or investments of authority.

Question 21

Treating individual liberties as the product of a negotiated contract is known as the natural rights theory.

Question 22

The Preamble and Articles of the U.S. Constitution reflect a social compact or contract between two primary parties-the people and the government.

Question 23

The Fourth Amendment bars government from imposing excessive bail or fines.

Question 24

The Eighth Amendment bars government from imposing cruel and unusual punishment.

Question 25

The Fifth Amendment bars government from compelling persons to testify against themselves in criminal cases.

Question 26

The First Amendment provides for the freedom of speech.

Question 27

The Fifth Amendment provides for the freedom of the press.

Question 28

The Bill of Rights contain an exhaustive list of all protected rights.

Question 29

The Tenth Amendment provides that the powers not given to the federal government are reserved to the states or to the people.

Question 30

Today, all of the Bill of Rights have been applied to the states .

Question 31

The incorporation doctrine is legal theory that maintains that the Bill of Rights (or at least portions thereof) should be incorporated through the Fourteenth Amendment Due Process Clause and made applicable to the states.

Question 32

References to the "state" or the "states" in the Fourteenth Amendment, by implication, also include local governments, such as counties, cities, townships, and villages.

Question 33

James ________ is known as the chief architect of the Bill of Rights.

Question 34

The language in the ________ Amendment suggests that there are other liberties beyond those written in the Bill of Rights that are to be protected against governmental intrusion.

Question 35

Natural ________ theory insists that the rights enumerated in the Bill of Rights are natural, inherent, and unalienable to individuals.

Question 36

The Preamble and Articles of the U.S. Constitution reflect a social compact or ________ between the people and the government.

Question 37

The Tenth Amendment provides that all powers not given to the United States or taken from the states by the Constitution are reserved to the States or the ________.

Question 38

The Eighth Amendment bars government from imposing cruel and ________ punishment.

Question 39

The Fourth Amendment bars government from violating the right against ________ searches and seizures.

Question 40

In Griswold v. Connecticut, the U.S. Supreme Court recognized the right to ________ based on a penumbra of rights.

Question 41

The incorporation doctrine is a legal theory that maintains that the Bill of Rights should be incorporated through the ________ Amendment Due Process Clause and made applicable to the states.

Question 42

The total incorporation doctrine is a theory held by some jurists and legal scholars maintaining that the Fourteenth Amendment requires all of the provisions of the Bill of Rights to be incorporated and applied to the ________.

Question 43

Match the constitutional amendment to the protection .

-First Amendment

A) bars government from abridging the freedom of speech
B) bars government from infringing on the right to bear arms
C) bars government from imposing excessive bail or fines
D) provides accused persons the right to a speedy, public, and jury trial in criminal cases
E) bars government from violating the right against unreasonable searches and seizures
F) provides the right to a jury trial in civil cases involving disputes valued over twenty dollars
G) in peacetime, bars government from quartering soldiers in homes without an owner's consent
H) bars government from trying a person twice for the same offense
I) provides that all powers not given to the United States or taken from the states by the Constitution are reserved to the States or the people
J) provides that the Constitution's enumeration of specific rights should not be interpreted to deny other rights retained by the people

Question 44

Match the constitutional amendment to the protection .

-Second Amendment

A) bars government from abridging the freedom of speech
B) bars government from infringing on the right to bear arms
C) bars government from imposing excessive bail or fines
D) provides accused persons the right to a speedy, public, and jury trial in criminal cases
E) bars government from violating the right against unreasonable searches and seizures
F) provides the right to a jury trial in civil cases involving disputes valued over twenty dollars
G) in peacetime, bars government from quartering soldiers in homes without an owner's consent
H) bars government from trying a person twice for the same offense
I) provides that all powers not given to the United States or taken from the states by the Constitution are reserved to the States or the people
J) provides that the Constitution's enumeration of specific rights should not be interpreted to deny other rights retained by the people

Question 45

Match the constitutional amendment to the protection .

-Third Amendment

A) bars government from abridging the freedom of speech
B) bars government from infringing on the right to bear arms
C) bars government from imposing excessive bail or fines
D) provides accused persons the right to a speedy, public, and jury trial in criminal cases
E) bars government from violating the right against unreasonable searches and seizures
F) provides the right to a jury trial in civil cases involving disputes valued over twenty dollars
G) in peacetime, bars government from quartering soldiers in homes without an owner's consent
H) bars government from trying a person twice for the same offense
I) provides that all powers not given to the United States or taken from the states by the Constitution are reserved to the States or the people
J) provides that the Constitution's enumeration of specific rights should not be interpreted to deny other rights retained by the people

Question 46

Match the constitutional amendment to the protection .

-Fourth Amendment

A) bars government from abridging the freedom of speech
B) bars government from infringing on the right to bear arms
C) bars government from imposing excessive bail or fines
D) provides accused persons the right to a speedy, public, and jury trial in criminal cases
E) bars government from violating the right against unreasonable searches and seizures
F) provides the right to a jury trial in civil cases involving disputes valued over twenty dollars
G) in peacetime, bars government from quartering soldiers in homes without an owner's consent
H) bars government from trying a person twice for the same offense
I) provides that all powers not given to the United States or taken from the states by the Constitution are reserved to the States or the people
J) provides that the Constitution's enumeration of specific rights should not be interpreted to deny other rights retained by the people

Question 47

Match the constitutional amendment to the protection .

-Fifth Amendment

A) bars government from abridging the freedom of speech
B) bars government from infringing on the right to bear arms
C) bars government from imposing excessive bail or fines
D) provides accused persons the right to a speedy, public, and jury trial in criminal cases
E) bars government from violating the right against unreasonable searches and seizures
F) provides the right to a jury trial in civil cases involving disputes valued over twenty dollars
G) in peacetime, bars government from quartering soldiers in homes without an owner's consent
H) bars government from trying a person twice for the same offense
I) provides that all powers not given to the United States or taken from the states by the Constitution are reserved to the States or the people
J) provides that the Constitution's enumeration of specific rights should not be interpreted to deny other rights retained by the people

Question 48

Match the constitutional amendment to the protection .

-Sixth Amendment

A) bars government from abridging the freedom of speech
B) bars government from infringing on the right to bear arms
C) bars government from imposing excessive bail or fines
D) provides accused persons the right to a speedy, public, and jury trial in criminal cases
E) bars government from violating the right against unreasonable searches and seizures
F) provides the right to a jury trial in civil cases involving disputes valued over twenty dollars
G) in peacetime, bars government from quartering soldiers in homes without an owner's consent
H) bars government from trying a person twice for the same offense
I) provides that all powers not given to the United States or taken from the states by the Constitution are reserved to the States or the people
J) provides that the Constitution's enumeration of specific rights should not be interpreted to deny other rights retained by the people

Question 49

Match the constitutional amendment to the protection .

-Seventh Amendment

A) bars government from abridging the freedom of speech
B) bars government from infringing on the right to bear arms
C) bars government from imposing excessive bail or fines
D) provides accused persons the right to a speedy, public, and jury trial in criminal cases
E) bars government from violating the right against unreasonable searches and seizures
F) provides the right to a jury trial in civil cases involving disputes valued over twenty dollars
G) in peacetime, bars government from quartering soldiers in homes without an owner's consent
H) bars government from trying a person twice for the same offense
I) provides that all powers not given to the United States or taken from the states by the Constitution are reserved to the States or the people
J) provides that the Constitution's enumeration of specific rights should not be interpreted to deny other rights retained by the people

Question 50

Match the constitutional amendment to the protection .

-Eighth Amendment

A) bars government from abridging the freedom of speech
B) bars government from infringing on the right to bear arms
C) bars government from imposing excessive bail or fines
D) provides accused persons the right to a speedy, public, and jury trial in criminal cases
E) bars government from violating the right against unreasonable searches and seizures
F) provides the right to a jury trial in civil cases involving disputes valued over twenty dollars
G) in peacetime, bars government from quartering soldiers in homes without an owner's consent
H) bars government from trying a person twice for the same offense
I) provides that all powers not given to the United States or taken from the states by the Constitution are reserved to the States or the people
J) provides that the Constitution's enumeration of specific rights should not be interpreted to deny other rights retained by the people

Question 51

Match the constitutional amendment to the protection .

-Ninth Amendment

A) bars government from abridging the freedom of speech
B) bars government from infringing on the right to bear arms
C) bars government from imposing excessive bail or fines
D) provides accused persons the right to a speedy, public, and jury trial in criminal cases
E) bars government from violating the right against unreasonable searches and seizures
F) provides the right to a jury trial in civil cases involving disputes valued over twenty dollars
G) in peacetime, bars government from quartering soldiers in homes without an owner's consent
H) bars government from trying a person twice for the same offense
I) provides that all powers not given to the United States or taken from the states by the Constitution are reserved to the States or the people
J) provides that the Constitution's enumeration of specific rights should not be interpreted to deny other rights retained by the people

Question 52

Match the constitutional amendment to the protection .

-Tenth Amendment

A) bars government from abridging the freedom of speech
B) bars government from infringing on the right to bear arms
C) bars government from imposing excessive bail or fines
D) provides accused persons the right to a speedy, public, and jury trial in criminal cases
E) bars government from violating the right against unreasonable searches and seizures
F) provides the right to a jury trial in civil cases involving disputes valued over twenty dollars
G) in peacetime, bars government from quartering soldiers in homes without an owner's consent
H) bars government from trying a person twice for the same offense
I) provides that all powers not given to the United States or taken from the states by the Constitution are reserved to the States or the people
J) provides that the Constitution's enumeration of specific rights should not be interpreted to deny other rights retained by the people

Question 53

Match the term its description .

-incorporation doctrine

A) a term used to describe the Constitution as a contract between two primary parties-the people and the government
B) a provision found in the Fifth and Fourteenth Amendments that government cannot deprive individuals of life, liberty, or property without due process of law
C) a legal theory that maintains that the Bill of Rights (or at least portions thereof) should be incorporated through the Fourteenth Amendment Due Process Clause and made applicable to the states
D) a theory of individual liberties that maintains that liberties are the result of the "laws of nature"
E) a theory of individual liberties that considers liberties to be the product of a negotiated contract

Question 54

Match the term its description .

-compact theory

A) a term used to describe the Constitution as a contract between two primary parties-the people and the government
B) a provision found in the Fifth and Fourteenth Amendments that government cannot deprive individuals of life, liberty, or property without due process of law
C) a legal theory that maintains that the Bill of Rights (or at least portions thereof) should be incorporated through the Fourteenth Amendment Due Process Clause and made applicable to the states
D) a theory of individual liberties that maintains that liberties are the result of the "laws of nature"
E) a theory of individual liberties that considers liberties to be the product of a negotiated contract

Question 55

Match the term its description .

-natural law theory

A) a term used to describe the Constitution as a contract between two primary parties-the people and the government
B) a provision found in the Fifth and Fourteenth Amendments that government cannot deprive individuals of life, liberty, or property without due process of law
C) a legal theory that maintains that the Bill of Rights (or at least portions thereof) should be incorporated through the Fourteenth Amendment Due Process Clause and made applicable to the states
D) a theory of individual liberties that maintains that liberties are the result of the "laws of nature"
E) a theory of individual liberties that considers liberties to be the product of a negotiated contract

Question 56

Match the term its description .

-Due Process Clause

A) a term used to describe the Constitution as a contract between two primary parties-the people and the government
B) a provision found in the Fifth and Fourteenth Amendments that government cannot deprive individuals of life, liberty, or property without due process of law
C) a legal theory that maintains that the Bill of Rights (or at least portions thereof) should be incorporated through the Fourteenth Amendment Due Process Clause and made applicable to the states
D) a theory of individual liberties that maintains that liberties are the result of the "laws of nature"
E) a theory of individual liberties that considers liberties to be the product of a negotiated contract

Question 57

Match the term its description .

-social compact

A) a term used to describe the Constitution as a contract between two primary parties-the people and the government
B) a provision found in the Fifth and Fourteenth Amendments that government cannot deprive individuals of life, liberty, or property without due process of law
C) a legal theory that maintains that the Bill of Rights (or at least portions thereof) should be incorporated through the Fourteenth Amendment Due Process Clause and made applicable to the states
D) a theory of individual liberties that maintains that liberties are the result of the "laws of nature"
E) a theory of individual liberties that considers liberties to be the product of a negotiated contract

Question 58

Why did the original U.S. Constitution not contain a Bill of Rights.

Question 59

What is the difference between the compact theory and the natural law theory?

Question 60

What does the Ninth Amendment protect?

Question 61

What are the implicit rights recognized by the U.S. Supreme Court?

Question 62

What does the incorporation doctrine provide?

Question 63

What is the difference between the total incorporation doctrine and the select incorporation doctrine?

Question 64

Discuss which of the first 10 amendments to the U.S. Constitution in the Bill of Rights is most important to you personally. Explain your position.

Question 65

Discuss your position on whether you support the total incorporation doctrine or the select incorporation doctrine.