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Civil Liberties 4
| Question | Answer |
|---|---|
| 1. Why did the original, unamended Constitution say little about personal freedoms? - provide 2 | Limiting gov. could not threaten personal freedoms, and power split between state and nat., also states were protecting individual rights, so the Const. says little about personal freedoms. |
| 2a. Define a writ of habeas corpus | A court order requiring jailers to explain to a judge why they are holding a prisoner in custody. |
| 2b. What did the Constitution say about them (a writ of habeas corpus)? | Prohibits suspension of the writ of habeas corpus (except invasion/rebellion). Such a court order enables persons detained by authorities to secure immediate inquiry into the causes of their detention. No proper explanation is offered, judge can release. |
| 3a. Define a bill of attainder | Punishes people without a judicial trial. |
| 3b. What did the Constitution say about them (bill of attainder)? | It prohibits Congress or the states from passing them. |
| 4a. Define ex post facto laws | Punishes people or increases the penalties for acts that were not illegal or not as punishable when the act was committed. |
| 4b. What did the Constitution say about them (ex post facto laws)? | It prohibits Congress or the states from passing them. |
| 5. What did the original, unamended Constitution say about religion? | It prohibits the imposition of religious qualifications for holding office in the national government. |
| 6a. What were two things the Constitution said about treason? | To be convicted, a person must levy war against the US or adhere to and aid its enemies during war. Conviction requires confession in open court or testimony of 2 witnesses to the same overt act. |
| 6b. Why were the framers particularly "touchy" about treason? | They would have been executed as traitors if the Revolution had failed. |
| 7. What final right does the original Constitution protect? | Upholds the right to trial by jury in criminal cases. |
| 8. What do each of the liberties in this reading have in common? | None of them were specific protections of individual rights like free expression and various rights of the accused. |
Created by:
Matti
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