Epstein, Constitutional Law for a Changing America, 8e CQ Press, 2021
Test Bank for
Constitutional Law for a Changing America A Short Course 11th Edition By Lee J. Epstein, Kevin T. McGuire, Thomas G. Walker Chapter 1-20
Chapter 1: The Living Constitution Test Bank Multiple Choice 1. The Framers started the process of revising the Articles of Confederation with the premise that an effective system required a stronger central government. Ratification of the Constitution stalled, however, over a worry that the central government would be too strong. Which of the following was essential to the new constitution‟s eventual ratification? A. a series of amendments aimed at the protection of individual liberties B. a certified promise by the eventual president to uphold individual liberties C. the creation of the Supreme Court, charged with protecting individual liberties D. the creation of a multimember executive, which would govern by unanimous consent Ans: A Cognitive Domain: Comprehension Answer Location: The Amendment Process Difficulty Level: Medium 2. The Bill of Rights is an important section of the constitution for many reasons. What does it demonstrate about the flexibility of the constitution? A. The Bill of Rights demonstrates that the constitution was violative of individual rights. B. The Bill of Rights demonstrates the inflexiblity and staying power of the constitution. C. The Bill of Rights was an early demonstration that amending the constitution was possible. D. The Bill of Rights was an early demonstration that the Framers agreed on little. Ans: C Cognitive Domain: Analysis Answer Location: The Amendment Process Difficulty Level: Medium 3. In which of the following ways can the President participate in the process of amending the constitution? A. The President can unilaterally amend the constitution for the protection of the nation‟s security. B. The President can suggest amendments to Congress and support Congressional proposals for amendments. C. The President must approve any proposed constitutional amendment.
Epstein, Constitutional Law for a Changing America, 8e CQ Press, 2021 D. The President is in charge of cataloging all constitutional amendments. Ans: B Cognitive Domain: Knowledge Answer Location: The Amendment Process Difficulty Level: Easy 4. There are two ways in which the Constitution is changed: the Constitution may be formally amended, or ______. A. a majority of the states, acting through their legislatures, may nullify specific aspects of the constitution. B. The President, deeming any aspect of the Constitution to be superfluous, may delete portions via Executive Order. C. Congress may informally amend it by issuing legally binding explanatory addenda. D. The Supreme Court may change the Constitution through its changing interpretation of its language Ans: D Cognitive Domain: Comprehension Answer Location: Constitutional Change and the Supreme Court Difficulty Level: Easy 5. Who drafted the original set of amendments that would come to comprise the Bill of Rights? A. Alexander Hamilton B. Thomas Jefferson C. James Madison D. John Jay Ans: C Cognitive Domain: Knowledge Answer Location: The Amendment Process Difficulty Level: Easy 6. What was the major point of contention between the Federalists and the AntiFederalists? A. the balance of power between the national and state governments B. the inclusion in the constitution of a Supreme Court C. the process of amendment of the constitution D. the degree to which states were able to conduct foreign trade Ans: A Cognitive Domain: Comprehension Answer Heading: The Amendment Process Difficulty Level: Medium 7. Congress can rewrite statutes when the Supreme Court deems them to be problematic; when the Supreme Court interprets the Constitution, Congress can ______. A. rewrite the Constitution to change the Court‟s interpretation.
Epstein, Constitutional Law for a Changing America, 8e CQ Press, 2021 B. propose a Constitutional Amendment to change the Court‟s interpretation. C. vote to follow the statute rather than the Constitution but only with a supermajority. D. lodge a protest about the Court‟s decision to the President for review. Ans: B Cognitive Domain: Comprehension Answer Location: The Amendment Process Difficulty Level: Medium 8. Which level of government was the Bill of Rights intended to limit? A. the various state governments B. the various local governments C. the federal government of the United States D. transnational governmental bodies Ans: C Cognitive Domain: Knowledge Answer Location: Constitutional Change and the Supreme Court Difficulty Level: Easy 9. Which of the following explains the evolution of Commerce Clause of the Constitution? A. The first Congress rewrote the Commerce Clause, increasing Congressional power over economic activity. B. States have interpreted the Commerce Clause in a variety of ways, leading to confusion and state variation in economic regulation. C. The Commerce Clause fell from use and today is hardly ever relied upon in considering various regulations of the economy. D. The Supreme Court‟s changing interpretation of the Commerce Clause has afforded Congress greater opportunity to constitutionally regulate economic activities. Ans: D Cognitive Domain: Comprehension Answer Location: Constitutional Change and the Supreme Court Difficulty Level: Medium 10. Compare the US Constitution with the Constitutions of Australia, Canada, Ireland, Germany, and Mexico. Which of the following is an accurate comparison statement? A. All of those constitutions are more difficult to amend than the US Constitution. B. All of those constitutions are longer than the US Constitution. C. All of those constitutions are older than the US Constitution. D. All of those constitutions are regularly ignored by the countries‟ highest court. Ans: B Cognitive Domain: Comprehension Answer Location: Constitutional Change and the Supreme Court Difficulty Level: Easy
Epstein, Constitutional Law for a Changing America, 8e CQ Press, 2021 Short Answer 1. What were the Federalist Papers and why were they important? Ans: The Federalist Papers made the case for ratification of the constitution in the newspapers of the day, relying on philosophical arguments in favor of the system of government created therein. They were an important part of the conversation over ratification. Cognitive Domain: Comprehension Answer Location: The Amendment Process Difficulty Level: Medium 2. Explain why the Bill of Rights was key to the ratification of the Constitution. Ans: The Bill of Rights helped forge a compromise between Federalists and AntiFederalists over the role of the central government, assuring citizens that even with a stronger government, their individual liberties would be protected. Many states conditioned ratification of the constitution on such an explication of individual rights. Cognitive Domain: Analysis Answer Location: The Amendment Process Difficulty Level: Medium 3. In what ways has the Supreme Court instigated constitutional amendments? Ans: The Supreme Court has instigated constitutional amendments via its decisions. When Congress believes a decision to incorrectly interpret the Constituiton, it may proposed an amendment to overrule it, and has many times in history on issues including flag burning and abortion. Of course, only a few proposals have been successful, including the Twenty-Sixth Amendment, which overruled Oregon v. Mitchell, hence lowering the voting age to eighteen. Cognitive Domain: Comprehension Answer Location: The Amendment Process Difficulty Level: Medium 4. What is the doctrine by which the Supreme Court has made the protections embodied in the Bill of Rights applicable to the states? Ans: Selective incorporation. Cognitive Domain: Knowledge Answer Location: Constitutional Change and the Supreme Court Difficulty Level: Easy 5. Identify the two steps in the constitutional amendment process. What are the two pathways that might be taken for each of the two steps? Ans: First, an amendment is proposed, either by two-third vote in both houses of Congress or by constitutional convention called at the request of two third of the states. Next, an amendment must be ratified, either by three fourth of state legislatures or by ratifying conventions in three fourth of the states. Cognitive Domain: Knowledge Answer Location: The Amendment Process
Epstein, Constitutional Law for a Changing America, 8e CQ Press, 2021 Difficulty Level: Easy 6. The framers wanted the constitutional amendment process to be flexible but also wanted it to be difficult so that the government would be able to change, but also have some semblance of continuity. How does the fact that Congress has proposed over 11,000 constitutional amendments but sent only thirty-three to the states demonstrate their success? Ans: Given that so many amendments have been proposed and debated, it is clear that Congress is willing to entertain proposals for change. However, that only thirty-three had the requisite support in Congress required to send the proposals to the states for ratification demonstrates that only those amendments that are most important and most concerned with a change in fundamental values are considered. Constitutional amendments are unlikely, then, to be driven by political whims. But they are possible, as were seventy-seven of those thirty-three 3. Cognitive Domain: Analysis Answer Location: The Amendment Process Difficulty Level: Hard 7. What distinguishing feature of the US Constitution makes it possible for the Supreme Court to effectively change the constitution via its interpretation? Ans: The constitution is short and much of its language is general in nature and, hence, open to interpretation. Cognitive Domain: Comprehension Answer Location: Constitutional Change and the Supreme Court Difficulty Level: Easy 8. From where did John Locke argue rights come? Ans: Locke argued for natural rights, which were inherent to people, and said that government can neither grant nor deny any person those rights. Cognitive Domain: Knowledge Answer Location: The Amendment Process Difficulty Level: Easy 9. How did passage of the Fourteenth Amendment in 1868 change the way people viewed the Bill of Rights? Ans: The Fourteenth Amendment, which requires hat no state deprive any person of life, liberty or property without due process, led many to conclude that states, no more than the federal government, could infringe on the individual rights protected by the Bill of Rights. After all, liberty included all of those rights listed in the Bill of Rights including free speech, freedom of religion, and protection against unreasonable searches and seizures. Cognitive Domain: Comprehension Answer Location: Constituitonal Change and the Supreme Court Difficulty Level: Medium