10 Questions about The Bill of Rights | World

Answer: James Madison

During the Constitutional Convention of 1787, several different drafts of possible constitutions of government were introduced. James Madison's, known as the "Virginia Plan" was the best received, and years later amended his plan with ten enumerated rights for all citizens. Thomas Jefferson, though a friend of Madison, was against the idea of doing away with the Articles of Confederation (the old Constitution), and against the Convention in general.

He probably helped Madison amend the Virginia Plan to include the Bill of Rights, but would have done it by mail.

He was in France at the time.

Answer: Freedom of Property

The First Amendment protects the freedom of the press, of public speech, the right to meet publicly (assembly), prevents the government from making "official" religions, and guarantees citizens the ability to petition the government for grievances. Although this Amendment originally applied to the Federal Government, these guarantees were expanded to include the State Governments after the inclusion of the Fourteenth Amendment (Equal Protection under the Law).

Answer: Third Amendment

This is one of the least used of all the Amendments to the Constitution. It was a big deal before the American Revolution, when colonists were required to pay for the British soldiers assigned to defend the Colonies, but there have been so few conflicts on United States soil that the Third Amendment is almost never invoked. During wartime, there are still legal provisions to allow the government to station soldiers in private homes.

Answer: The right against self-incrimination

You hear this on a lot of TV crime dramas. A person suspected of criminal activity cannot be forced to testify against themselves. The government is not allowed to beat a confession out of a suspect, or make them confess under torture. A person "pleading the Fifth" is refusing to give information which could be used to charge them with criminal activity.

The Fifth Amendment also protects against Double Jeopardy, or trying a person for the same crime once they've been found innocent in a court of law.

Answer: Sixth

The Sixth Amendment guarantees legal defense for the accused. It also guarantees the right to a speedy and public trial. The reason police are required to read the Miranda warning to suspects comes from the Miranda v. Arizona Supreme Court decision, in which the suspect Ernesto Miranda signed a confession without being informed of his right to have an attorney present.

The Supreme Court overturned his conviction and ruled the confession inadmissible as evidence.

Answer: True

The full text is: "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." Most disputes about the Second Amendment arise over the clause about a "well regulated Militia", which some people claim is the most important part of the statement. Court battles are fought from both sides of the perspective.

Answer: A right against cruel and unusual punishment

The Eighth Amendment is meant to prevent excessive fines, imprisonment, and other unusually harsh penalties. Over the years, it has been used to guarantee medical care for prisoners, argue against capital punishment, and prevent unusually high bail.

Answer: Fourth Amendment

The Fourth Amendment guarantees a citizen's right to be secure in their person, property, and home. There is an interpreted "right to privacy" which courts have used in Fourth Amendment cases, which is used to prevent government agencies from carrying out surveillance on the citizenry.

Answer: False

It's guaranteed by the Seventh Amendment. Trial by jury is meant to guarantee a person will be judged by the standards of their community and not high-minded judges and lawyers who are out of touch with the common people. The Seventh Amendment specifically deals with civil, rather than criminal court.

Answer: Powers not enumerated

When the Constitution was first drafted, Alexander Hamilton was against the idea of a Bill of Rights. Hamilton thought that specifically listing rights would mean people would have their rights LIMITED only to the ones listed. The Ninth Amendment is a guarantee that people's rights which are not listed are still there. It's a broad definition.