School Improvement in Maryland

Standard 1.0 Political Science

Topic C. Protecting Rights and Maintaining Order

Indicator 3. Examine the principle of due process

Objective b. Describe the due process protections in the Bill of Rights and the 14th Amendment

Brief Constructed Response (BCR) Item

Direct the students to respond to the following constructed response item:

-Identify and explain at least two specific Bill of Rights protections that shield persons in the United States from arbitrary actions by the government.

-How do the Bill of Rights and the 14th Amendment work together to ensure that Americans are protected from both the federal and state governments?

-Be sure to provide details and examples in your response.

/toolkit/vsc/assessment_items/msa_social_studies_8_106.xml

View Scoring Information

Selected Response Item

1998 NAEP Civics Item: (slightly revised; original item featured text of the entire Bill of Rights)

The following question refers to the selected Amendments to the Constitution below.

AMENDMENT 4. SEARCHES AND SEIZURES

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Which of the following is true because of the Fourth Amendment?

  1. There are legal limits on the power of police to enter your home.
  2. You have the right to speak to a lawyer before answering police questions.
  3. Police must be certain a crime has been committed before getting a search warrant.
  4. You may never be tried for the same crime twice.
/toolkit/vsc/assessment_items/msa_social_studies_8_107.xml

Correct Answer:
A

Selected Response Item

1998 NAEP Civics Item:

The following question refers to the cartoon below.

Cartoon illustration of three people representing the federal government as the President, the courts, and congress being tied up by a man called the Bill o' Rights. Two people standing on the side representing the state government are taunting the three who are tied up. Second illustration is the image of all the federal and state government representatives all being tied up by the person and a miniature version of him in his coat pocket represented as Bill o' Rights with 14th Amendment.

The main point of the cartoons is that before the Fourteenth Amendment

  1. state governments were unable to respond to the needs of citizens
  2. big government could restrict the rights of the people
  3. federal powers were given to the states
  4. state governments did not have to follow the Bill of Rights
/toolkit/vsc/assessment_items/msa_social_studies_8_108.xml

Correct Answer:
D

Selected Response Item

1998 NAEP Civics Item:

The following question refers to the cartoon below.

Cartoon illustration of three people representing the federal government as the President, the courts, and congress being tied up by a man called the Bill o' Rights. Two people standing on the side representing the state government are taunting the three who are tied up. Second illustration is the image of all the federal and state government representatives all being tied up by the person and a miniature version of him in his coat pocket represented as Bill o' Rights with 14th Amendment.

One section of the Fourteenth Amendment is intended to guarantee that the government will not interfere with a person's right to life, liberty, or property without following established rules. This section is known as

  1. the elastic clause
  2. due process clause
  3. habeas corpus clause
  4. indemnity clause
/toolkit/vsc/assessment_items/msa_social_studies_8_109.xml

Correct Answer:
B

Selected Response Item

Which of these statements describes due process under the Fourteenth Amendment?

  1. States must protect the right to a lawyer.
  2. Basic rights are protected by executive order.
  3. States must obtain congressional approval to limit rights.
  4. Basic rights are limited to those stated in the Constitution.
/toolkit/vsc/assessment_items/msa_social_studies_8_129.xml

Correct Answer:
A

Selected Response Item

The Fourteenth Amendment limits the state government's ability to

  1. raise the federal income tax
  2. use military forces in peacetime
  3. regulate interstate trade and commerce
  4. place restrictions on qualified voters
/toolkit/vsc/assessment_items/msa_social_studies_8_130.xml

Correct Answer:
D

Resources for Objective 1.C.3.b:
Clarifications | Lesson Seeds | SAMPLE ASSESSMENTS | Resource Links