Test Bank to accompany Constitutional Law, Third Edition (Hall/Feldmeier)

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1 Test Bank to accompany Constitutional Law, Third Edition (Hall/Feldmeier) Chapter 1 Constitutionalism and Rule of Law 1.1 Multiple-Choice Questions 1) Which of the following Chief Justices of the Supreme Court was responsible for writing the majority opinion in Marbury v. Madison, wherein the power of judicial review was announced? A) Jay B) Marshall C) Warren D) Rehnquist Answer: B Page Ref: 28 2) Under the leadership of which of the following Chief Justices did the Supreme Court render many decisions advancing civil liberties, especially in the criminal context? A) Jay B) Marshall C) Warren D) Rehnquist Answer: C Page Ref: 46 3) What was William Marbury seeking from the Supreme Court in Marbury v. Madison? A) Writ of Certiorari B) Writ of Mandamus C) Temporary Restraining Order D) Money Damages Answer: B Page Ref: 28 63

2 4) During what era of the Court did the justices dramatically expand the liberty protections afforded to individuals under the Fourth Amendment? A) Taney Court B) Warren Court C) New Deal Era D) Rehnquist Court Answer: B Page Ref: 46 5) In which era did the U.S. Supreme Court begin to expand the powers of the federal government? A) Marshall Court B) Taney Court C) Pre-New Deal Era D) Rehnquist Court Answer: A Page Ref: 33 6) Who is the current Chief Justice of the Supreme Court? A) William Rehnquist B) Sandra Day O'Connor C) John Roberts D) Antonin Scalia Answer: C Page Ref: 48 7) In which case did the U.S. Supreme Court assert the power of judicial review over the decisions of the states' high courts? A) Marbury v. Madison B) United States v. Nixon C) Martin v. Hunter's Lessee D) Dred Scot v. Sandford Answer: C Page Ref: 36 8) What document governed the United States prior to the ratification of the U.S. Constitution? A) Articles of Confederation 64

3 B) U.S. Code C) Declaration of Independence D) Contract with America Answer: A Page Ref: 52 9) During the early years of the Constitution, which group championed a stronger centralized government? A) Federalists B) Anti-Federalists C) Tea Party D) Confederates Answer: A Page Ref: 26 10) Each of the following contributed to the need for drafting a new Constitution in 1787 EXCEPT: A) Shays Rebellion. B) Fear of foreign invasion. C) State competition over taxes. D) U.S. government too strong. Answer: D Page Ref: 26 65

4 11) A legislative act that inflicts capital punishment upon named persons without a judicial trial is called a(n): A) Ex post facto law. B) Bill of Attainder. C) Act of Sedition. D) Habeas Corpus. Answer: B Page Ref: 15 12) A law that makes someone criminally liable for an act that was not criminal at the time it was committed is called a(n): A) Ex post facto law. B) Bill of Attainder. C) Act of Sedition. D) Habeas Corpus. Answer: A Page Ref: 15 13) A writ whose purpose is to obtain immediate relief from illegal imprisonment by having the "body" (that is, the prisoner) delivered from custody and brought before that court is called: A) Ex post facto law. B) Bill of Attainder. C) Act of Sedition. D) Habeas Corpus. Answer: D Page Ref: 15 66

5 14) Today, a series of eighty-five articles that were published under the pseudonym Publius in magazines and newspapers urging the ratification of the new Constitution are known as the: A) Federalist Papers. B) Communist Manifesto. C) Articles of Confederation. D) Declaration of Statehood. Answer: A Page Ref: 19 15) A term referring to the concept that there exists, independent of manmade law, a law laid down (depending upon one's beliefs) by God or by nature, which human society must observe in order to be happy and at peace is referred to as: A) Divine Province. B) Natural Law. C) Manifest Destiny. D) Aaron's Law. Answer: B Page Ref: 24 16) In U.S. v. Nixon, the Supreme Court considered what item of evidence? A) Iran Contra Affair B) Watergate tapes C) William Marbury's commission D) Vietnam information Answer: B Page Ref: 34 17) The landmark ruling in Brown v. Board of Education occurred during which judicial era? A) Taney Court B) Rehnquist Court C) New Deal Era D) Warren Court Answer: D Page Ref: 46 18) What is the name of the official publication for U.S. Supreme Court cases published by the federal government? 67

6 A) Supreme Court Reporter B) Lawyer's Edition C) Federal Reporter D) United States Reports Answer: D Page Ref: 27 Objective: Identify the basic architecture and style of judicial opinions. 19) What is the name of the publication for cases from the United States Courts of Appeals? A) Supreme Court Reporter B) Lawyer's Edition C) Federal Reporter D) United States Reports Answer: C Page Ref: 27 Objective: Identify the basic architecture and style of judicial opinions. 20) What is the name of the publication for cases from the United States District Courts? A) Federal Supplement B) Northeast Reporter C) Federal Reporter D) Federal Appendix Answer: C Page Ref: 28 Objective: Identify the basic architecture and style of judicial opinions. 1.2 True/False Questions 1) The mandate of the delegates to the Philadelphia Convention of 1787 from their states was to draft a new constitution. Page Ref: 8 68

7 2) The national government under the Articles of Confederation did not have the power to directly tax citizens. Answer: TRUE Page Ref: 6 3) A federalist was a person who supported creating a strong, centralized government. Answer: TRUE Page Ref: 8 4) Of the thirteen original states, only Massachusetts was not represented at the Philadelphia Constitutional Convention. Page Ref: 9 5) James Madison wrote the Virginia Plan, which would be the working document of the Philadelphia Constitutional Convention. Page Ref: 13 6) The decision of the delegates to the Philadelphia Constitutional Convention to have the President of the United States elected through the electoral college is known as the Great Compromise. Page Ref: 12 7) The first state to ratify the Constitution was Delaware. Answer: TRUE Page Ref: 18 8) There are two methods to amend the Constitution and both have been used. Page Ref: 20 69

8 9) Having a written constitution that recognizes individual rights guarantees that the rule of law exists in all countries. Page Ref: 3 10) The rule of law is the principle that all people and the government itself are obliged to follow legitimately enacted and fairly enforced laws. Answer: TRUE Page Ref: 2 11) During the Taney Court area, the U.S. Supreme Court's philosophy changed from strongly nationalist to one favoring states' rights. Answer: TRUE Page Ref: 44 12) During the Rehnquist Court area, the U.S. Supreme Court took a very liberal approach to economic and states' rights. Page Ref: 47 13) In Marbury v. Madison, the U.S. Supreme Court used judicial review to nullify an act of Congress. Page Ref: 33 14) The U.S. Supreme Court does not have the authority to declare an act of the President unconstitutional. Page Ref: 33 70

9 15) The higher the court is, the more likely it is that its decisions will be published. Answer: TRUE Page Ref: 27 Objective: Identify the basic architecture and style of judicial opinions. 1.3 Fill in the Blank Questions 1) A(n) is a person who supports a strong, centralized government. Answer: Federalist Page Ref: 26 2) The Federalist written by James Madison, Alexander Hamilton, and John Jay, are a series of eighty-five articles under the pseudonym Publius making forceful arguments in support of the Constitution. Answer: Papers Page Ref: 19 3) The concept that there exists, independent of manmade law, a law laid down by God or by nature, which human society must observe in order to be happy and at peace is known as the law. Answer: natural Page Ref: 21 4) Philosophers, such as John Locke and Charles Montesquieu, advanced the theory that sovereignty rests not with the monarch but with the. Answer: people Page Ref: 22 5) American constitutional law is commonly divided into two fields of study: one focusing on governmental authorities and structures and another examining liberties. Answer: civil Page Ref: 22 Objective: Define constitutional law as an academic field of study. 71

10 6) Judicial is the power of the judiciary, as the final interpreter of the law, to declare an act of a coordinate governmental branch of state unconstitutional. Answer: review Page Ref: 24 7) The first case where the U.S. Supreme Court used judicial review to invalidate federal action was v. Madison. Answer: Marbury Page Ref: 26 8) The Court is known for establishing the supremacy of the national government over the state governments. Answer: Marshall Page Ref: 43 9) During the Warren Court era, the U.S. Supreme Court held that is protected by the Constitution in Griswold v. Connecticut, 381 U.S. 479 (1965). Answer: privacy Page Ref: 46 72

11 10) Some of the important federalism cases decided during the era of the Court are United States v. Lopez, 115 S. Ct (1995), and Morrison v. United States, 529 U.S. 598 (2000), both limiting Congress's power over interstate commerce Answer: Rehnquist Page Ref: Matching Questions Match the term listed in Column 1 to its description in Column 2. A) a person who supports a strong, centralized government B) a legislative act that inflicts capital punishment upon named persons without a judicial trial C) a right existing under natural law, independent of manmade law D) four federal laws enacted in 1798 in anticipation of war with France that required alien registration, empowered the president to deport all aliens from nations that were at war with the United States E) a law making a person criminally liable for an act that was not criminal at the time it was committed F) a person who opposes establishment of a strong, centralized government in favor of local control G) principle that all people and the government itself are obliged to follow legitimately enacted and fairly enforced laws H) the power of the judiciary, as the final interpreter of the law, to declare an act of a coordinate governmental branch of state unconstitutional I) a writ whose purpose is to obtain immediate relief from illegal imprisonment by having the "body" (i.e., the prisoner) delivered from custody and brought before that court J) the concept that there exists, independent of manmade law, a law laid down by God or by nature, which human society must observe in order to be happy and at peace 1) ex post facto law Explain rule of law, including its elements and how it relates to 2) rule of law Explain rule of law, including its elements and how it relates to constitutionalism 3) anti-federalist 73

12 Explain rule of law, including its elements and how it relates to 4) habeas corpus Explain rule of law, including its elements and how it relates to 5) bill of attainder Explain rule of law, including its elements and how it relates to 6) Federalist Explain rule of law, including its elements and how it relates to 7) natural law Explain rule of law, including its elements and how it relates to 8) judicial review Explain rule of law, including its elements and how it relates to 74

13 9) natural right Explain rule of law, including its elements and how it relates to 10) Alien and Sedition Acts Explain rule of law, including its elements and how it relates to Answers: 1) E 2) G 3) F 4) I 5) B 6) A 7) J 8) H 9) C 10) D 1.5 Essay Questions 1) What were the arguments against ratification of the U.S. Constitution? Answer: During the debates in the state conventions, three common objections were made to the Constitution. First, it was missing a bill of rights. Second, it emasculated the sovereignty of the states. Third, the delegates had exceeded their authority in replacing the Articles of Confederation. Delegates Luther Martin, Elbridge Gerry, and George Mason passionately opposed ratification. Page Ref: 19 2) The ideas of which philosophers served as a basis for the founding of the U.S. constitution? Answer: The ideas of John Locke, Charles de Montesquieu, and Thomas Hobbes, including natural law theory, were a part of the delegates' collective political ideology. The natural law theories were later used by philosophers, such as John Locke and Charles Montesquieu, to advance theories of representative government, separation of powers, and use of the judiciary to protect individuals from governmental abuse. These philosophers advanced the theory that sovereignty rests not with the monarch but with the people. Natural law theories were the foundation of both the French Declaration of Rights and the French Revolution and their U.S. counterparts. Page Ref: 24 75

14 3) How has the U.S. legal concepts of judicial review and a written constitution provided a basis for other countries to follow? Answer: Constitutionalism has been one of the United States's greatest exports. Nearly all nations of the world have adopted a written constitution, many using the U.S. Constitution as the model from which they constructed their own. The idea of rule of law, as actualized through judicial or other forms of constitutional review, has taken hold around the world as well. For example, India adopted judicial review in 1947 following its independence from Great Britain. Page Ref: 42 4) What impact did the Warren Court era leave on modern constitutional law? Answer: Chief Justice Earl Warren presided over a Court that is best known for its decisions protecting individual rights (civil liberties). Much constitutional law was established during the Warren Court era. Included in this Court's decisions are the following: the invalidation of the separate but equal doctrine of Plessy; the finding that privacy is protected by the Constitution, in Griswold v. Connecticut, 381 U.S. 479 (1965); the establishment of much of the First Amendment free speech law used today; and enhanced protection of the rights of persons accused of crimes. Page Ref: Critical Thinking Questions 1) If you were living at the time of the ratification of the U.S. Constitution, explain which political party you would support more: the Federalists or Anti-Federalists. Answer: Answers will vary. 2) Which U.S. Supreme Court chief justice has left the greatest impact on the laws in the United States? Explain your position. Answer: Answers will vary. 76

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