Contemporary Law Final Exam 1st Semester

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.