The Bill of Rights

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AP Government and Politics › The Bill of Rights

Questions 1 - 10
1

The establishment of a national or official religion is prohibited by the __________.

Establishment Clause

Free Exercise Clause

2nd amendment

Freedom of Religion Clause

due process

Explanation

"Congress shall make no law respecting an establishment of religion," as written in the Bill of Rights, restricts government from establishing an official or national religion. The Free Exercised clause refers to your right to practice your religion. The 2nd Amendment covers the right to bear arms and due process is in the 4th Amendment. The Freedom of Religion Clause does not exist.

2

Which amendment promises the right to a fair trial?

Amendment 6

Amendment 2

Amendment 5

Amendment 9

Explanation

The 6th amendment guarantees a fair trial. This amendment defines a fair trial as one that is one that is completed without delay, and in which the defendant has the right to an attorney and to know the nature of the crimes and evidence being held against them.

3

Which amendment protects the citizen from unwarranted searches and seizures?

The Fourth Amendment

The First Amendment

The Fifth Amendment

The Tenth Amendment

Explanation

The Fourth Amendment was created to protect citizens from government searches or seizures without a warrant. This was crucial for the colonists because of their experiences with Great Britain: it was not unusual for British soldiers to search homes or seize belongings for any reason they saw fit.

4

The Bill of Rights is ___________.

the first ten amendments to the Constitution

the rights declared by the colonists in the Declaration of Independence

the rights declared by women who wanted the right to vote

the rights to freedom of speech and religion

the rights to life, liberty, and the pursuit of happiness

Explanation

The Bill of Rights incorporates the first ten amendments of the Constitution, including the rights to free speech and freedom of religion, as well as the right to bear arms, and many others.

5

When the Supreme Court “incorporates” an amendment in the Bill of Rights, what does it do?

Uses the 14th Amendment as a vehicle by which to apply the particular amendment to the states

Allows companies to form corporations devoted to carrying out the amendment

Forbids the state from applying the amendment

Enforces the amendment against the federal government

No answer is correct

Explanation

When the Supreme Court "incorporates" an amendment in the Bill of Rights, it applies that amendment--that is, requires its enforcement against--ALL of the states. The Supreme Court does this through the 14th Amendment (generally through either the Due Process clause, or the Equal Protection clause). At this point, most students wonder why the Supreme Court needs to do anything at all--after all, aren't the amendments constitutional law, and thus they trump state law? The full answer is far beyond the scope of an AP/College level American Government course, but the brief answer is no. Prior to the ratification of the 14th Amendment, the Supreme Court held in Barron v. Baltimore, 32 U.S. 243 (1833) that the Bill of Rights applied ONLY to the federal government. Thus, rather than overturning Barron, the Supreme Court has used the 14th Amendment to apply Bill of Rights amendments piecemeal to the states.

The Supreme Court need not have a hand in allowing corporations to do anything--corporations are largely governed by state law, and can form for "any lawful purpose." Thus this answer cannot be correct.

Forbidding the state from applying an amendment is incorrect for multiple reasons. Most importantly, the principles of federalism dictate that so long as a state is not acting unconstitutionally, or against the federal government in areas where the federal government controls, the state is free to act. Thus this answer cannot be correct.

Enforcing the amendment against the federal government sounds tempting, but it is not correct. Remember that the bill of rights (at least until the 14th Amendment and incorporation) applied only to the federal government, thus the Supreme Court would not need to "incorporate" anything.

"No answer is correct" cannot be correct for the simple reason that there is a correct answer!

6

The First Amendment of the United States Constitution prohibits all of the following EXCEPT __________.

the use of cruel and unusual punishment

the establishing of a state religion

the violation of the right to freely assemble

the violation of freedom of the press

the abridgement of freedom of speech

Explanation

The First Amendment of the United States Constitution prohibits the United States government from establishing a state religion or preventing anyone from practicing the religion of his or her choosing. It also protects freedom of speech, the right to assemble, and the freedom of the press. It does not regulate the use of cruel and unusual punishment; this is proscribed under the Eighth Amendment to the United States Constitution. The First and Eighth Amendments are part of the first ten amendments to the United States Constitution, collectively known as the Bill of Rights.

7

Which Amendment to the Constitution was proposed in response to the British policy of quartering troops in colonial homes prior to independence?

The Third Amendment

The Fourth Amendment

The Fifth Amendment

The Sixth Amendment

The Tenth Amendment

Explanation

The Third Amendment to the Constitution, part of the Bill of Rights, prohibits the United States Government from forcibly quartering troops in American homes during peacetime. It is generally considered to have been included in response to the Quartering Acts issued by the British Government during and after the French-Indian Wars, which forced American colonists to provide housing to British troops.

8

The Eighth Amendment __________.

prohibits cruel and unusual punishment

prohibits the sale of alcohol

ensures the right to freely assemble

ensures equal voting rights for all citizens of the United States

prohibits an individual from being tried twice for the same crime

Explanation

The Eighth Amendment to the U.S. Constitution is part of the Bill of Rights, the first ten amendments enacted into the U.S. Constitution. The Eighth Amendment prohibits the United States government from levying excessive fines or from undertaking cruel and unusual punishment, such as torture. This amendment is often cited in the debate regarding capital punishment.

9

Why did the Anti-Federalists deem important to add the Bill of Rights to the original Constitution?

They realized government could quickly become uncontrollable and would threaten the most basic rights of the people.

They did not trust the Federalists.

Anti-Federalists did not advocate for the addition of the Bill of Rights

They believed that the Federal government's power needed to be completely restricted

Explanation

The Federalists believed the Constitution on its own could define the new government of the United States, as well as protect the rights of the people; however, the Anti-Federalists refused to approve the new Constitution without a Bill of Rights. They believed government could easily become uncontrollable if not kept in check, and the Bill of Rights would guarantee certain rights to the people while helping keep the government accountable.

10

Why did the colonists feel that amendment 3 was justified?

When under Great Britain's rule, the quartering of British troops was often forced upon the colonists

Great Britain forced its citizens to pay taxes without being represented in Parliament

Voting in the colonies was very restricted before the Constitution was created

Colonists did not want to give up their freedom of speech or press

Explanation

Under Great Britain's rule, it was not unusual for the colonists to be forced to house British troops, otherwise known as the quartering of troops. With the founding of the new American nation, the political founders wanted to avoid as much as possible any situations in the new government that would lead to similar problems they had experienced with Great Britain.

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