Bill of Rights Study Guide
Key Terms / Bill of Rights / Key IdeasExplain how each of these terms relates to the Bill of Rights:
Assembly – the right to gather in groups for any reason and to associate with any group we choose.
(1st Amendment R-A-P-P-S: Freedom of Assembly)
Establishment Clause – the gov’t cannot establish, or support, any religion as the official religion (1st Amendment R-A-P-P-S: Freedom of Religion)
Militia – small army (present day: all citizens) has the right to firearms for personal safety against “enemies” (2nd Amendment)
Due Process – following set legal procedures so the rights of persons accused of a crime are not violated by denying life, liberty, or property (5th Amendment: Rights of the Criminally Accused)
Civil Liberties–the freedoms citizens have to think and to act without interference from the gov’t or without fear of being treated unfairly (1st Amendment R-A-P-P-S)
Probable Cause– strong reasons to think that a person/property was involved in a crime which protects against unreasonable searches and seizures (4th Amendment: Rights of the Criminally Accused)
Petition–a formal request sent to the gov’t expressing your opinion/thoughts
(1st Amendment R-A-P-P-S: Freedom to Petition)
Censorship – banning of printed materials or films. Gov’t cannot censor news reports or prevent information from being published or broadcast (1st Amendment R-A-P-P-S: Freedom of the Press)
Search and Seizure– no officer of the gov’t can search a person’s property or take his possessions at will. Officers must have probable cause and a search warrant (4th Amendment: Rights of the Criminally Accused)
Indictment–document issued by a grand jury that formally charges someone with a crime. All evidence against an accused person must be reviewed before an indictment is issued (5th Amendment: Rights of the Criminally Accused)
Slander/Libel– intentionally injuring someone’s reputation by spreading false facts either spoken (slander), or written (libel). This is an example of a limit or restriction placed on free speech (1st Amendment) rights.
Double Jeopardy– putting someone on trial more than once for the same crime (prohibited by the 5th Amendment)
Eminent Domain– the right of the government to take private property for public use (limited by the 5th Amendment because it requires the gov’t to pay a fair price for the property)
Grand Jury– members that review evidence in order to issue an indictment (5th Amendment: Rights of the Criminally Accused)
Bail– sum of money used as a security deposit to ensure that an accused person who is released from jail returns for trial. A judge can set bail, which cannot be “excessive” or it can be denied (8th Amendment: Rights of the Criminally Accused) / **Individual rights cannot come before the greater good of the community**
1st: Freedom of Religion, Assembly, Press, Petition, Speech
2nd: The right to bear arms
3rd: The gov’t cannot force you to quarter (house) soldiers in your home
4th: In order to search your house/property, the police need to have probable cause and a search warrant signed by a judge – right to privacy act [Rights of the Accused]
5th: Self-incrimination (“plead the fifth”); cannot be tried for the same crime twice (double jeopardy); due process (Right to a “fair” trial: notice of charges, face accusers/question witnesses; provide evidence in court); eminent domain
[Rights of the Accused]
6th: Speedy trial by impartial jury; Tried in state where crime was committed; Informed of all charges; Right to a lawyer; Right to question witnesses
[Rights of the Accused]
7th: Right to a trial by jury in civil cases over $20
8th: Bails, fines, and punishments must be humane and fit the crime committed [Rights of the Accused]
9th: Any rights not listed in the Constitution are still protected
10th: States or people have all powers not given to the national government / 1. What are the 5 freedoms guaranteed to Americans by the 1st amendment?
(Religion)-Citizens have the freedom to express/practice their faith in any way they choose, or the choice not to.
(Assembly)-The right to gather in or associate with groups is protected. Example: political parties, labor unions.
(Press)-Objectionable material cannot be banned in newspapers or magazines, nor can the news be censored.
(Petition)-The right to express ourselves to the gov’t or ask for change.
(Speech)-Freedom to express opinions or beliefs.
2. Describe multiple examples of freedom of speech.
Speaking/expressing any political belief; protest; saying things about someone that are true; burning the flag; criticizing the gov’t. Also included: internet messages, art, music, and clothing as a form of expression.
3.What are the limits to the 1st Amendment?
Spreading lies that could hurt someone’s reputation (slander/libel); making threats of violence; harassment; crude/profane language in a public forum/school; hate crimes; treason.
4.Why did the Founding Fathers included the 3rd Amendment?
Before the American Revolution, as part of the Coercive Acts (Intolerable Acts),the British required the colonists to provide housing and food to British soldiers.They felt this was an abuse of power.
5. How does the Bill of Rights guarantee citizens fair and legal treatment?The Bill of Rights guarantees citizens the right to be treated fairly by the gov’t and be treated equally before the law, regardless of social status (Rights of the Accused – Amendments 4, 5, 6, 8).
6. How is punishment issued according to the 8th amendment?
Punishment should be in proportion to, or fit, the crime committed.
7. What was the lasting impact of the Gideon vs. Wainwright case? What amendment is associated with this case?
The Supreme Court established that when an accused person cannot afford an attorney (lawyer), the government must provide one. It provides rights to those accused of a crime.
8. What was the lasting impact of the Miranda vs. Arizona case? What amendment is associated with this case?
The Supreme Court established that individuals have the right to remain silent to avoid getting themselves in trouble (self-incrimination); people under arrest must be made aware of all their rights, including the right to an attorney if one cannot be afforded. It provides rights to those accused of a crime.
9. What was lasting impact of the Tinker v. Des Moines case? What amendment is associated with this case?
The Supreme Court established that freedom of speech can be extended to include clothing as a means of expression.