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Constitution and Bill of Rights Test Study Guide Part Two
Quiz by Steven Jones
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Constitution and Bill of RightsConstitution and Bill of Rights Unit Review07 - Constitution and Bill of RightsExplain the viewpoints of the Federalists and the Anti-Federalists regarding the ratification of the Constitution and inclusion of a bill of rightsAmerican Revolution, Constitution, and Bill of RightsDemocratic Constitution in South Africa Struggle against Apartheid • Apartheid was the name of a system of racial discrimination unique to South Africa. • This system was particularly oppressive for the blacks. → They were forbidden from living in white areas. • Since 1950, the blacks, coloured and Indians fought against the apartheid system. • The African National Congress (ANC) was the umbrella organisation that led the struggle against the policies of segregation. • In 1964, Nelson Mandela and seven other leaders were sentenced to life imprisonment in 1964 for daring to oppose the apartheid regime in his country. Towards a New Constitution • As protests and struggles against apartheid had increased, the white regime changed its policies. • After 28 years of imprisonment, Nelson Mandela released from jail. • At the midnight of 26 April 1994, democracy was adopted as a form of government in South Africa. • After two years, a constitution came out which gave to its citizens the most extensive rights available in any country. Why do we need a Constitution? • A constitution is necessary because: → It generates a degree of trust and coordination that is necessary for different kind of people to live together. → It specifies how the government will be constituted, who will have power to take which decisions. → It lays down limits on the powers of the government and tells us what the rights of the citizens are. → It expresses the aspirations of the people about creating a good society. Making of the Indian Constitution • In 1928, Motilal Nehru and eight other Congress leaders drafted a constitution for India. • In 1931, the resolution at the Karachi session of the Indian National Congress dwelt on how independent India’s constitution should look like. • Factors contributed to the making of our Constitution. → Ideals of French Revolution → The practice of parliamentary democracy in Britain → The Bill of Rights in the US → The socialist revolution in Russia The Constituent Assembly • In July 1946, Elections to the Constituent Assembly were held. → The drafting of the document called the constitution was done Constituent Assembly. → Dr. Rajendra Prasad was the Chairman of the Constituent Assembly. → In December 1946, the first meeting was held. • After the country was divided into India and Pakistan, the Constituent Assembly also got divided. • The Assembly adopted the Constitution on 26 November 1949 but it came into effect on 26 January 1950. • To mark this day we celebrate January 26 as Republic Day every year. • The Constituent Assembly worked in a systematic, open and consensual manner. → First some basic principles were decided and agreed upon. → Then a Drafting Committee chaired by Dr. B.R. Ambedkar prepared a draft constitution for discussion. → More than two thousand amendments were considered. Philosophy of the Constitution • The Constitution begins with a short statement of its basic values which is called the Preamble to the constitution. The preamble focuses on: → Justice, social, economic and political. → Liberty of thoughts, expression, belief, faith and worship. → Equality of status and of opportunity. → Fraternity assuring the dignity of the individual and the unity and integrity of the nation.Evaluate rights contained in the Bill of Rights and other amendments to the ConstitutionChapter 7 Study Guide Answers What does the Bill of Rights do? The Bill of Rights lists our basic rights. Who is the person mainly responsible for the Bill of Rights? James Madison is the person mainly responsible for the Bill of Rights. The Bill of Rights is part of which document? The Bill of Rights is part of the United States Constitution. Whose job is it to protect our rights listed in the bill of rights? It is the job of the federal courts (judicial branch) to protect our rights. What are the five rights listed in the first amendment? Freedom of speech: includes symbolic speech; does not include speech that could endanger the public safety. Religion: Right to believe whatever you want, but you can’t do whatever you want in the name of religion (can’t break the law). Press: The free flow of information and ideas; can’t print lies or information that could be helpful to an enemy in wartime. Assembly: Use public property for meetings and demonstrations (i.e. parades, protests, political rallies). Must be done legally and peaceably. Right to petition: Means you can appeal to the government if you’re unhappy about something or some policy. Give one example of speech NOT protected under the first amendment. An example of speech not protected under the first amendment would be crying “fire” in a crowded movie theater (anything that could potentially endanger the public safety). What does the second amendment give us the right to? The second amendment gives us the right to bear arms. What does the third amendment state we are not legally obligated to do? Under the third amendment, we are not obligated to quarter (or house) soldiers in our homes. What does the fourth amendment protect us from? The fourth amendment protects us from unreasonable search and seizure. What is needed in order to search or seize property? A warrant is needed, which must be issued by a judge, in order to search and seize property. What five rights are we guaranteed under the Fifth Amendment? Right to a grand jury: determines whether or not the government has enough evidence to bring someone to trial. Double jeopardy: Once a person has been found not guilty, he cannot be tried again for the same crime. Self incrimination: A person has the right to remain silent; he does not have to testify against himself. Due process: The government must follow a clear set of rules (a process) as it carries out the law and takes your life, liberty, or property. Just compensation: If the government has to take someone’s land, they will offer a fair price. What is the right stated in the “Miranda Warning”? The main right stated in the “Miranda Warning” is the right to remain silent. What are the four rights stated under the sixth amendment? Right to a speedy and public trial, and an impartial jury. Right to a jury of people that live in the defendant’s area (jury of your peers). To hear and question all witnesses Right to an attorney As stated in the seventh amendment, we have the right to which type of trial depending on how much money a person is being sued for? What can a judge NOT do? Under the seventh amendment, we have the right to a jury trial depending on how much money is at stake in a civil trial. A judge cannot overturn a decision made by a jury. What are the four things that are prohibited under the eighth amendment? The four things that are prohibited (or not allowed) under the eighth amendment are: excessive fines, excessive bail, cruel and unusual punishments, and poor prison conditions. Under the ninth amendment, rights not listed in the Bill of Rights belong to whom? According to the ninth amendment, rights not listed in the Bill of Rights belong to the people. The tenth amendment states that powers not given to the national government are reserved for whom? According to the tenth amendment, powers not specifically given to the national government are reserved for the people and the states. What is meant by the term “double jeopardy”? The term “double Jeopardy” refers to a person being retried for a crime in which he has already been acquitted, or found “not guilty”. What does it mean to be indicted by a grand jury? To be indicted by a grand jury means that a person will be going to trial and will retain all of the rights listed in the fifth, sixth, seventh, and eighth amendments.