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Civil Liberties 4

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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