Contemporary Law Final Exam 1st Semester

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Topics in Constitutional Law


Questions and Answers
  • 1. 

    “The only representatives of the people of these colonies are persons chosen therein by themselves; and that no taxes ever have been, or can be constitutionally imposed on them but by their respective legislatures.” -Statement by the Stamp Act Congress, 1765 What is a valid conclusion that can be drawn from this quotation?

    • A.

      The colonial legislatures should be appointed by the English King with the consent of Parliament.

    • B.

      Only the colonists’ elected representatives should have the power to levy taxes.

    • C.

      The English King should have the right to tax the colonists.

    • D.

      The colonists should be opposed to all taxation.

    Correct Answer
    B. Only the colonists’ elected representatives should have the power to levy taxes.
    Explanation
    The quotation from the Stamp Act Congress in 1765 states that the only representatives of the colonies are those chosen by the colonists themselves, and that taxes can only be constitutionally imposed on them by their own legislatures. This implies that the colonists believe that only their elected representatives should have the power to levy taxes. Therefore, the valid conclusion that can be drawn from this quotation is that only the colonists’ elected representatives should have the power to levy taxes.

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  • 2. 

    The Mayflower Compact is considered an important step in the development of American democracy because it

    • A.

      Established the principle of separation of church and state

    • B.

      Provided a basis for self-government in the Plymouth Colony

    • C.

      Defined relations with local Native American Indians

    • D.

      Outlawed slavery in the Massachusetts Bay Colony

    Correct Answer
    B. Provided a basis for self-government in the Plymouth Colony
    Explanation
    The Mayflower Compact is considered an important step in the development of American democracy because it provided a basis for self-government in the Plymouth Colony. The compact was a written agreement among the Pilgrims who traveled on the Mayflower to establish a government and abide by its laws. It laid the foundation for a democratic system where the colonists would elect their leaders and participate in decision-making processes. This early form of self-government set a precedent for the democratic principles that would later shape the United States.

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  • 3. 

    "We hold these truths to be self-evident: That all men are created equal; that they are endowed by their creator with certain unalienable rights; that among these are life, liberty, and the pursuit of happiness; . . ." This quotation is evidence that some of the basic ideas in the Declaration of Independence were

    • A.

      Limitations of the principles underlying most European governments of the 1700’s.

    • B.

      Adaptations of the laws of Spanish colonial governments in North America.

    • C.

      Adoptions of rules used by the Holy Roman Empire.

    • D.

      Reflections of the philosophies of the European Enlightenment.

    Correct Answer
    D. Reflections of the philosophies of the European Enlightenment.
    Explanation
    The quotation from the Declaration of Independence, which states that all men are created equal and have certain unalienable rights, reflects the philosophies of the European Enlightenment. During this time period, Enlightenment thinkers emphasized the importance of reason, individual rights, and equality. These ideas greatly influenced the American Revolution and the drafting of the Declaration of Independence, which sought to establish a government based on these principles. This quotation serves as evidence that the basic ideas in the Declaration of Independence were influenced by the Enlightenment philosophies.

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  • 4. 

    Which phrase from the Declaration of Independence most clearly reflects the idea that the people are the source of government?

    • A.

      “. . . that all men are created equal,...”

    • B.

      “. .. all men are . . . endowed by their Creator with certain unalienable rights

    • C.

      “. . . deriving their just powers from the consent of the governed. . .“

    • D.

      “. . . governments long established should not be changed for light and transient causes

    Correct Answer
    C. “. . . deriving their just powers from the consent of the governed. . .“
    Explanation
    The phrase "deriving their just powers from the consent of the governed" most clearly reflects the idea that the people are the source of government. This phrase suggests that the government's power comes from the consent or approval of the people it governs. It emphasizes the idea that the government exists to serve the people and that its authority is derived from their consent.

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  • 5. 

    The Articles of Confederation are best described as a

    • A.

      Statement of principles justifying the Revolutionary War

    • B.

      Plan of union for the original thirteen states

    • C.

      Set of arguments supporting ratification of the Constitution

    • D.

      List of reasons for the secession of the Southern States

    Correct Answer
    B. Plan of union for the original thirteen states
    Explanation
    The Articles of Confederation were the first constitution of the United States, which served as a plan of union for the original thirteen states. They outlined the structure and powers of the national government, including the establishment of a Congress and the division of powers between the states and the central government. However, the Articles were ultimately deemed ineffective and were replaced by the Constitution.

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  • 6. 

    The lack of a national executive and judiciary under the Articles of Confederation suggests that the founders of the American republic

    • A.

      Risked tyranny for the sake of effective national government

    • B.

      Copied the British constitution

    • C.

      Prized national unity above the sovereignty of the states

    • D.

      Feared a strong central government

    Correct Answer
    D. Feared a strong central government
    Explanation
    The lack of a national executive and judiciary under the Articles of Confederation suggests that the founders of the American republic feared a strong central government. This is because they intentionally designed a weak central government to prevent the concentration of power and avoid the possibility of tyranny. They believed that a strong central government could potentially infringe upon the rights and sovereignty of the states, and thus opted for a decentralized system where power was primarily held by the individual states.

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  • 7. 

    Shays’ Rebellion of 1786 was significant because it

    • A.

      Endangered the lives of many recent immigrant

    • B.

      Showed that the English still had influence after the American Revolution

    • C.

      Convinced many Americans of the need for a stronger national government

    • D.

      Revealed the increased threat from rebellious Native American Indians

    Correct Answer
    C. Convinced many Americans of the need for a stronger national government
    Explanation
    Shays' Rebellion of 1786 was significant because it convinced many Americans of the need for a stronger national government. This rebellion, led by Daniel Shays, was a protest against high taxes and debt that farmers were facing after the American Revolution. The rebellion highlighted the weaknesses of the Articles of Confederation, the governing document at the time, which lacked a strong central authority to address such issues. As a result, many Americans realized the importance of a stronger national government that could effectively address economic and social problems, leading to the eventual creation of the United States Constitution.

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  • 8. 

    “. . . Congress shall have power . . . to make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States. . . .” This statement from the United States Constitution is the source of 

    • A.

      Implied powers

    • B.

      Veto power

    • C.

      Judicial review

    • D.

      States’ rights

    Correct Answer
    A. Implied powers
    Explanation
    The statement from the United States Constitution is the source of implied powers. Implied powers refer to the authority granted to Congress that is not explicitly stated in the Constitution but is necessary and appropriate for carrying out its enumerated powers. This clause gives Congress the flexibility to adapt and address new and unforeseen challenges that may arise in the future, allowing the government to effectively govern and fulfill its responsibilities.

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  • 9. 

    The basic purpose of the first ten amendments to the United States Constitution is to

    • A.

      Describe the powers of the three branches of government

    • B.

      Limit the powers of state governments

    • C.

      Guarantee the rights of individuals

    • D.

      Establish a system of checks and balances

    Correct Answer
    C. Guarantee the rights of individuals
    Explanation
    The first ten amendments to the United States Constitution, also known as the Bill of Rights, were created to guarantee the rights of individuals. These amendments outline specific rights and protections for individuals, such as freedom of speech, religion, and the right to a fair trial. They were added to the Constitution to ensure that the government would not infringe upon these fundamental rights and to provide a safeguard against potential abuses of power.

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  • 10. 

    The United States Constitution corrected a weakness of the Articles of Confederation by

    • A.

      Creating three branches of government

    • B.

      Giving greater power to state governments

    • C.

      Providing a clear definition of states’ rights

    • D.

      Granting the right to vote to all white males

    Correct Answer
    A. Creating three branches of government
    Explanation
    The United States Constitution corrected a weakness of the Articles of Confederation by creating three branches of government. This was done to establish a system of checks and balances, ensuring that no single branch of government would become too powerful. The creation of three branches - the executive, legislative, and judicial - allowed for a separation of powers and a more effective system of governance. This helped to address the issue of a weak central government that was present under the Articles of Confederation.

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  • 11. 

    The Northwest Ordinance of 1787 was important because it

    • A.

      Ensured universal suffrage for all males

    • B.

      Extended slavery north of the Ohio River

    • C.

      Provided a process for admission of new states to the Union

    • D.

      Established reservations for Native American Indians

    Correct Answer
    C. Provided a process for admission of new states to the Union
    Explanation
    The Northwest Ordinance of 1787 was important because it provided a process for admission of new states to the Union. This means that it established guidelines and requirements for territories to become states and be incorporated into the United States. It outlined the steps and criteria that territories had to meet in order to apply for statehood, ensuring a structured and organized process for the expansion of the country.

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  • 12. 

    The Federalist Papers were published in 1787 and 1788 to help gain support for

    • A.

      A bill of rights

    • B.

      The ratification of the Constitution

    • C.

      A weaker central government

    • D.

      The abolition of slavery and the slave trade

    Correct Answer
    B. The ratification of the Constitution
    Explanation
    The Federalist Papers were a series of articles written by Alexander Hamilton, James Madison, and John Jay. They were published with the goal of persuading the public to support the ratification of the Constitution. The authors argued for the need for a strong central government and addressed concerns about the potential abuse of power. Their writings provided a detailed explanation of the principles and benefits of the proposed Constitution, ultimately influencing public opinion and helping to secure its ratification.

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  • 13. 

    To avoid having too much power concentrated in one branch of government, the framers of the Constitution established

    • A.

      A bicameral national legislature

    • B.

      Division of power among different levels of government

    • C.

      The system of two political parties

    • D.

      The system of checks and balances

    Correct Answer
    D. The system of checks and balances
    Explanation
    The framers of the Constitution established the system of checks and balances to prevent any one branch of government from becoming too powerful. This system ensures that each branch has the ability to limit the powers of the other branches, creating a system of mutual accountability and preventing any branch from abusing its authority. By dividing power and establishing a system of checks and balances, the framers aimed to maintain a balance of power and protect against tyranny.

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  • 14. 

    Which concept found in the United States Constitution was a belief held by the social contract philosophers of the Enlightenment period?

    • A.

      Presidential cabinet

    • B.

      Judicial review

    • C.

      Limited monarchy

    • D.

      Sovereignty of the people

    Correct Answer
    D. Sovereignty of the people
    Explanation
    The concept of sovereignty of the people, which is the belief that ultimate political power resides with the people, was a key idea held by social contract philosophers during the Enlightenment period. This concept influenced the framers of the United States Constitution and is reflected in the democratic principles and structure of the government established by the Constitution.

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  • 15. 

    The Supreme Court has the power to

    • A.

      Interpret the Constitution

    • B.

      Control the federal budget

    • C.

      Vote to end a tie in the Senate

    • D.

      Approve presidential appointments

    Correct Answer
    A. Interpret the Constitution
    Explanation
    The Supreme Court has the power to interpret the Constitution because it is the highest court in the land and its decisions have the final say on the meaning and application of the Constitution. This power allows the Court to determine the constitutionality of laws and government actions, ensuring that they align with the principles and rights enshrined in the Constitution. By interpreting the Constitution, the Supreme Court plays a crucial role in shaping the legal landscape of the United States and safeguarding the rights of its citizens.

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  • 16. 

    French Enlightenment philosopher Baron De Montesquieu praised the British political system because it divided the power of government between the monarch and the two houses of Parliament. Which principle included in the United States Constitution shows that the framers agreed with Montesquieu?

    • A.

      Federal supremacy

    • B.

      Implied powers

    • C.

      Due process

    • D.

      Separation of powers

    Correct Answer
    D. Separation of powers
    Explanation
    The principle of separation of powers is included in the United States Constitution to show that the framers agreed with Montesquieu. This principle divides the power of government into three branches - the legislative, executive, and judicial branches - to prevent any one branch from becoming too powerful. This concept aligns with Montesquieu's idea of dividing power between different branches of government, as he praised the British political system for doing the same.

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  • 17. 

    Which of the following rationales were used by the Supreme Court to allow the federal government to outlaw racial discrimination in the restaurant seating at Ollie’s Barbeque

    • A.

      The fact that 24 of Ollie’s 36 employees were African-Americans and therefore subject to wage minimums and maximum working hour regulations as approved in U.S. v. Darby meant that Congress could bar discrimination in restaurant seating as well.

    • B.

      The fact that a substantial portion of the food served at Ollie’s had moved in interstate commerce and their policy could cause African American not to travel

    • C.

      The fact that Ollie’s Barbeque held both a business license and a liquor license rendered it subject to national police powers.

    • D.

      The fact that it was located in a railroad station made it an important ancillary service to interstate travelers.

    Correct Answer
    B. The fact that a substantial portion of the food served at Ollie’s had moved in interstate commerce and their policy could cause African American not to travel
    Explanation
    The Supreme Court used the rationale that a substantial portion of the food served at Ollie's had moved in interstate commerce and their policy could cause African Americans not to travel. This means that the restaurant's discriminatory policy could potentially affect interstate commerce and impede the free movement of African Americans, which gave Congress the authority to outlaw racial discrimination in restaurant seating.

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  • 18. 

    Hammer v. Dagenhart reached the following conclusion  

    • A.

      Congress may ban the interstate shipment of goods produced with child labor of their “morally noxious” character.

    • B.

      Intra-state railroad pricing must not discriminate against inter-state railroad traffic.

    • C.

      Manufacturing is not commerce.

    • D.

      Goods made with child labor are themselves harmless and their interstate shipment cannot be banned.

    Correct Answer
    C. Manufacturing is not commerce.
    Explanation
    The correct answer is "Manufacturing is not commerce." This conclusion is reached based on the statement that goods made with child labor are themselves harmless and their interstate shipment cannot be banned. This implies that the act of manufacturing, even if it involves child labor, does not fall under the category of commerce and therefore cannot be regulated or banned by Congress.

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  • 19. 

      Which of the following categories of activity was not mentioned as a commercial activity that Congress may regulate under the commerce clause?

    • A.

      "Channels" of interstate commerce

    • B.

      "Instrumentalities" of interstate commerce

    • C.

      Activities with a "substantial relation" to interstate commerce "Financial transactions" intrinsic to interstate commerce

    • D.

      "Financial transactions" intrinsic to intrastate commerce

    Correct Answer
    D. "Financial transactions" intrinsic to intrastate commerce
    Explanation
    The correct answer is "Financial transactions" intrinsic to intrastate commerce. This answer is correct because the question asks for the category of activity that was not mentioned as a commercial activity that Congress may regulate under the commerce clause. The other options, such as "Channels" of interstate commerce, "Instrumentalities" of interstate commerce, and Activities with a "substantial relation" to interstate commerce, were mentioned as commercial activities that Congress may regulate under the commerce clause. However, "Financial transactions" intrinsic to intrastate commerce was not mentioned as a commercial activity that Congress may regulate under the commerce clause.

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  • 20. 

    The specific powers granted to Congress by Article I, Section 8 of the Constitution are known as

    • A.

      The reserved powers.

    • B.

      The enumerated powers.

    • C.

      The implied powers.

    • D.

      The elastic powers.

    Correct Answer
    B. The enumerated powers.
    Explanation
    The specific powers granted to Congress by Article I, Section 8 of the Constitution are known as the enumerated powers. This means that these powers are specifically listed and granted to Congress, such as the power to collect taxes, declare war, and regulate commerce. The term "enumerated" refers to the fact that these powers are explicitly stated in the Constitution, distinguishing them from other powers that may be implied or reserved.

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  • 21. 

    The Necessary and Proper Clause was first used to expand the powers of the national government in

    • A.

      Gibbons v. Ogden.

    • B.

      McCulloch v. Maryland.

    • C.

      NLRB v. Jones and Laughlin Steel Co.

    • D.

      Dred Scott v. Sandford.

    Correct Answer
    B. McCulloch v. Maryland.
    Explanation
    The Necessary and Proper Clause, also known as the Elastic Clause, is a provision in the United States Constitution that grants Congress the power to make laws that are necessary and proper for carrying out its enumerated powers. McCulloch v. Maryland is a landmark Supreme Court case that involved a dispute between the state of Maryland and the federal government over the constitutionality of a federal bank. The court ruled in favor of the federal government, affirming the constitutionality of the bank and establishing that the Necessary and Proper Clause could be used to expand the powers of the national government.

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  • 22. 

    The Supremacy Clause was first used to expand the powers of the national government in

    • A.

      Gibbons v. Ogden.

    • B.

      McCulloch v. Maryland.

    • C.

      Gibbons v. Ogden

    • D.

      Dred Scott v. Sandford.

    Correct Answer
    B. McCulloch v. Maryland.
    Explanation
    The Supremacy Clause is a constitutional provision that establishes the supremacy of federal law over state law. In McCulloch v. Maryland, the Supreme Court ruled that the federal government had the power to establish a national bank, and that state laws attempting to tax the bank were unconstitutional. This decision expanded the powers of the national government by affirming the supremacy of federal laws and establishing the principle of implied powers, which allows the federal government to take actions not explicitly mentioned in the Constitution as long as they are necessary and proper for carrying out its enumerated powers.

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  • 23. 

    Which of the following is an enumerated power?

    • A.

      Regulation of interstate commerce.

    • B.

      Regulation of intrastate commerce

    • C.

      Creation of a national bank.

    • D.

      Freedom of speech

    Correct Answer
    A. Regulation of interstate commerce.
    Explanation
    An enumerated power is a power specifically listed and granted to the federal government in the United States Constitution. The regulation of interstate commerce is one such power, explicitly mentioned in Article I, Section 8 of the Constitution. This power allows the federal government to regulate trade and economic activities that occur between states. In contrast, the regulation of intrastate commerce falls under the authority of individual states. The creation of a national bank is not explicitly mentioned as an enumerated power, although it has been interpreted as implied by the Necessary and Proper Clause. Freedom of speech, on the other hand, is a protected right under the First Amendment, but it is not an enumerated power granted to the federal government.

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  • 24. 

    The Dred Scott decision on the issue of slavery upheld the Southern viewpoint that

    • A.

      The power of the Supreme Court does not extend to cases of race

    • B.

      Congress could not pass a law depriving territorial residents of their property

    • C.

      A national vote should be held to decide the legality of slavery

    • D.

      The economic well-being of the western states depended on slave labor

    Correct Answer
    B. Congress could not pass a law depriving territorial residents of their property
    Explanation
    The Dred Scott decision on the issue of slavery upheld the Southern viewpoint that Congress could not pass a law depriving territorial residents of their property. This decision was based on the interpretation of the Fifth Amendment, which protects private property rights. The court ruled that slaves were considered property and that Congress did not have the authority to regulate or prohibit slavery in the territories. This decision further entrenched the institution of slavery and was a major factor leading to the American Civil War.

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  • 25. 

    When President Thomas Jefferson acquired the Louisiana Territory from France, he demonstrated that he had modified his belief that

    • A.

      The Constitution should be strictly interpreted

    • B.

      The federal government should limit individual rights

    • C.

      Adding territory would lead to regional rivalries

    • D.

      Commercial development was the main goal of the federal government

    Correct Answer
    A. The Constitution should be strictly interpreted
    Explanation
    President Thomas Jefferson demonstrated that he had modified his belief that the Constitution should be strictly interpreted when he acquired the Louisiana Territory from France. This acquisition was not explicitly mentioned in the Constitution, and therefore, Jefferson's decision to expand the territory showcased a more flexible interpretation of the document. By acquiring the Louisiana Territory, Jefferson showed that he believed in a broader interpretation of the Constitution's powers and was willing to take action that was not explicitly outlined in the document.

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  • 26. 

    Before the Civil War, the principle of popular sovereignty was proposed as a means of

    • A.

      Allowing states to secede from the Union

    • B.

      Permitting voters to nullify federal laws

    • C.

      Deciding the legalization of slavery in a new state

    • D.

      Overturning unpopular decisions of the Supreme Court

    Correct Answer
    C. Deciding the legalization of slavery in a new state
    Explanation
    Popular sovereignty was a principle that allowed the people of a territory or state to decide for themselves whether or not to allow slavery. It was proposed as a means of deciding the legalization of slavery in a new state. This principle was significant in the lead-up to the Civil War as it played a role in the ongoing debate over the expansion of slavery into new territories.

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  • 27. 

    Which quotation from the United States Constitution provides for a Federal system of government?

    • A.

      “He shall have power . . . with the advice and consent of the Senate, . . . and . . . shall appoint . . .“

    • B.

      “Every bill . . . shall, before it becomes a law, be presented to the President of the United States; . . ."

    • C.

      “The powers not delegated to the United States . . . are reserved to the states . . .“

    • D.

      “Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state.”

    Correct Answer
    C. “The powers not delegated to the United States . . . are reserved to the states . . .“
    Explanation
    The quotation "The powers not delegated to the United States . . . are reserved to the states . . ." from the United States Constitution provides for a Federal system of government. This statement indicates that any powers not specifically given to the federal government are reserved for the individual states. This division of powers between the federal government and the states is a key characteristic of a Federal system of government.

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  • 28. 

    “In framing a government which is to be administered by men over men, the great difficulty lies in this, you must first enable the government to control the governed; and in the next place, oblige it to control itself.” This passage from the Federalist Papers refers to the need for

    • A.

      A strong executive

    • B.

      A system of checks and balances

    • C.

      An independent military

    • D.

      A national education system

    Correct Answer
    B. A system of checks and balances
    Explanation
    The passage from the Federalist Papers emphasizes the challenge of establishing a government that can effectively govern its citizens. It suggests that in order to do so, the government must have the power to control the governed. However, it also highlights the importance of ensuring that the government itself is controlled and restrained. This implies the need for a system of checks and balances, where different branches of government have separate powers and can keep each other in check.

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  • 29. 

    During the debates over the ratification of the United States Constitution, Federalists and Anti-Federalists disagreed most strongly over the

    • A.

      Division of powers between the national and state governments

    • B.

      Provision for admitting new states to the Union

    • C.

      Distribution of power between the Senate and the House of Representatives

    • D.

      Method of amending the Constitution

    Correct Answer
    A. Division of powers between the national and state governments
    Explanation
    The Federalists and Anti-Federalists disagreed most strongly over the division of powers between the national and state governments. The Federalists believed in a strong central government and argued for a system where power was concentrated at the national level. They believed that a strong central government was necessary to maintain order and protect the rights of individuals. On the other hand, the Anti-Federalists were concerned about the potential for tyranny and believed in a more decentralized system where power was shared between the national and state governments. They argued that this would better protect the rights and liberties of the people. This disagreement over the division of powers was a central issue during the debates over the ratification of the Constitution.

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  • 30. 

    Which headline illustrates the use of judicial review?

    • A.

      “Congress Passes a Civil Rights Bill”

    • B.

      “Conference Committee Meets to Finalize Budget”

    • C.

      “New York State’s Reapportionment Plan Ruled Unconstitutional”

    • D.

      “President Signs SALT Agreement with Russia”

    Correct Answer
    C. “New York State’s Reapportionment Plan Ruled Unconstitutional”
    Explanation
    The headline "New York State’s Reapportionment Plan Ruled Unconstitutional" illustrates the use of judicial review because it indicates that a court has reviewed and declared the plan unconstitutional. Judicial review is the power of the courts to review and potentially invalidate laws or actions that are deemed unconstitutional. In this case, the court has reviewed the reapportionment plan and determined that it violates the constitution, thereby exercising the power of judicial review.

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  • 31. 

    Alexander Hamilton’s argument that the government has the power to create a National Bank is based on which part of the Constitution?

    • A.

      The Preamble

    • B.

      The elastic clause

    • C.

      Guarantees to the States

    • D.

      The Bill of Rights

    Correct Answer
    B. The elastic clause
    Explanation
    Alexander Hamilton's argument that the government has the power to create a National Bank is based on the elastic clause of the Constitution. The elastic clause, also known as the necessary and proper clause, grants Congress the authority to make laws that are necessary and proper for carrying out its enumerated powers. Hamilton believed that creating a National Bank was necessary and proper for the government to effectively manage the nation's finances, and thus fell within the scope of Congress's powers as outlined in the elastic clause.

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  • 32. 

    1. "All communities divide themselves into the few and the many. The first are the rich and well born, the other the mass of the people. . . . The people are turbulent and changing. . . . Give therefore to the first class a distinct permanent share in the government. They will check the unsteadiness of the second."
    -Alexander Hamilton The author of this quotation suggests that

    • A.

      The will of the majority should guide public policy

    • B.

      Wealthy people are too preoccupied to rule well

    • C.

      The common people cannot be trusted to run a stable government

    • D.

      Poorer people must work harder to gain access to economic and political power

    Correct Answer
    C. The common people cannot be trusted to run a stable government
    Explanation
    The author of this quotation suggests that the common people cannot be trusted to run a stable government. The author argues that the first class, consisting of the rich and well-born, should have a distinct permanent share in the government in order to check the unsteadiness of the second class, which refers to the mass of the people. This implies that the author believes that the common people are turbulent and changing, and therefore, cannot be relied upon to govern effectively.

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  • 33. 

    “It is emphatically the province and duty of the judicial department to say what the law is. . . .” — Marbury v. Madison, 1803 This statement expresses the Supreme Court’s claim that 

    • A.

      The power of judicial review belongs to the courts

    • B.

      Courts must abide by a strict interpretation of the Constitution

    • C.

      Federal laws must be approved by the courts before they can take effect

    • D.

      The judicial branch must have a role in the amendment process

    Correct Answer
    A. The power of judicial review belongs to the courts
    Explanation
    The statement from Marbury v. Madison, 1803, expresses the Supreme Court's claim that the power of judicial review belongs to the courts. This means that it is the role and responsibility of the judicial branch to determine the constitutionality of laws and actions taken by the other branches of government. Through judicial review, the courts have the authority to declare laws or executive actions as unconstitutional and therefore invalid. This principle established the important role of the judiciary in interpreting and upholding the Constitution.

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  • 34. 

    Congress generally has unlimited power over commerce

    • A.

      True

    • B.

      False

    Correct Answer
    B. False
    Explanation
    Congress does not generally have unlimited power over commerce. The Constitution grants Congress the power to regulate commerce among the states, but this power is not absolute. There are certain limitations on Congress's power, such as the Commerce Clause, which restricts Congress's authority to regulate commerce that is purely intrastate or does not have a substantial effect on interstate commerce. Additionally, the Supreme Court has also placed limits on Congress's power to regulate commerce through various rulings. Therefore, the statement that Congress generally has unlimited power over commerce is false.

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  • 35. 

    Expansive use of Commerce clause by Congress has allowed for all the following except.

    • A.

      Laws created to end discrimination in public restaurants

    • B.

      Laws created to end unfair employment practices

    • C.

      Laws created to end gun free school zone

    • D.

      Laws created to regulate product moving in interstate commerce

    Correct Answer
    C. Laws created to end gun free school zone
    Explanation
    The Commerce clause grants Congress the power to regulate interstate commerce. This power has been used expansively to pass laws that aim to end discrimination in public restaurants, unfair employment practices, and regulate products moving in interstate commerce. However, laws created to end gun-free school zones are not directly related to interstate commerce and therefore do not fall under the expansive use of the Commerce clause.

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  • 36. 

    "Compromise Enables Maine and Missouri To Enter Union" (1820) "California Admitted to Union as Free State" (1850) "Kansas-Nebraska Act Sets Up Popular Sovereignty" (1854) Which issue is reflected in these headlines?

    • A.

      Enactment of protective tariffs

    • B.

      Extension of slavery

    • C.

      Voting rights for minorities

    • D.

      Universal public education

    Correct Answer
    B. Extension of slavery
    Explanation
    The issue reflected in these headlines is the extension of slavery. The first headline suggests that there was a compromise made to allow Maine and Missouri to enter the Union, likely referring to the Missouri Compromise which addressed the issue of slavery in new territories. The second headline states that California was admitted to the Union as a free state, indicating a division between free and slave states. The third headline mentions the Kansas-Nebraska Act which allowed popular sovereignty, meaning that the residents of these territories could decide whether to allow slavery or not. All of these events and headlines revolve around the issue of the extension of slavery.

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  • 37. 

    In the 1850s, the phrase “Bleeding Kansas” was used to describe clashes between

    • A.

      Proslavery and antislavery groups

    • B.

      Spanish landowners and new American settlers

    • C.

      Chinese and Irish railroad workers

    • D.

      Native American Indians and white settlers

    Correct Answer
    A. Proslavery and antislavery groups
    Explanation
    In the 1850s, the phrase "Bleeding Kansas" was used to describe clashes between proslavery and antislavery groups. This term refers to the violent conflicts that occurred in the Kansas Territory as a result of the debate over whether slavery should be allowed in the region. Proslavery and antislavery groups clashed over the issue, leading to bloodshed and violence. This term highlights the intense division and conflict between those who supported and opposed slavery during this time period.

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  • 38. 

    NLRB v Jones was the case to overturn Hammer v Dagenhart

    • A.

      True

    • B.

      False

    Correct Answer
    A. True
    Explanation
    NLRB v Jones was a case that resulted in the overturning of Hammer v Dagenhart. This means that the statement "NLRB v Jones was the case to overturn Hammer v Dagenhart" is true.

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  • 39. 

    The constitution is the supreme law of the land

    • A.

      True

    • B.

      False

    Correct Answer
    A. True
    Explanation
    The statement "The constitution is the supreme law of the land" is true. The constitution is a set of fundamental principles and rules that establish the framework of a government and outline the rights and responsibilities of its citizens. It serves as the highest legal authority in a country, providing the basis for all other laws and regulations. As the supreme law of the land, the constitution cannot be overridden or disregarded by any other law or government action. It acts as a safeguard to protect the rights and freedoms of individuals and ensure the proper functioning of the government.

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  • 40. 

    Harriet Beecher Stowe's "Uncle Tom's Cabin" aroused northern outrage over the implications of the

    • A.

      Fugitive Slave Act

    • B.

      Kansas-Nebraska Act

    • C.

      Dred Scott decision

    • D.

      Missouri Compromise

    Correct Answer
    A. Fugitive Slave Act
    Explanation
    Harriet Beecher Stowe's "Uncle Tom's Cabin" aroused northern outrage over the implications of the Fugitive Slave Act because the novel depicted the harsh realities of slavery and the injustice of the Fugitive Slave Act, which required escaped slaves to be returned to their owners. Stowe's novel humanized the experiences of enslaved individuals and exposed the cruelty and inhumanity of the institution of slavery, leading many in the North to question the morality of the Fugitive Slave Act and the entire system of slavery.

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  • 41. 

    Contemporary Law class is 

    • A.

      Easy once you do the work

    • B.

      The hardest class i have ever had

    • C.

      Moderate

    • D.

      A kindergarten student could do this

    Correct Answer
    A. Easy once you do the work
    Explanation
    The given answer suggests that the Contemporary Law class is easy, but only if the student puts in the necessary effort and completes the required work. This implies that the class may have challenging content or assignments, but with dedication and diligence, it can be manageable and not overly difficult.

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  • Current Version
  • Mar 21, 2023
    Quiz Edited by
    ProProfs Editorial Team
  • Jan 19, 2012
    Quiz Created by
    Lawteacher7
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