TEST BANK Constitutional Law Governmental Powers and Individual Freedoms, Updated Edition, 4th Edition by Daniel E Hall Test Bank For John P Feldmeier Constitutional Law Governmental Powers and Individual Freedoms, Updated Edition, 4th Edition by Daniel E Hall John P Feldmeier Chapter 1 Introduction to Constitutional Law MULTIPLE CHOICE. Choose the one alternative that best completes the statement or answers the question. 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?
1) _______
A) Rehnquist B) Jay C) Warren D) Marshall 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?
2) _______
A) Warren B) Rehnquist C) Marshall D) Jay 3) What was William Marbury seeking from the Supreme Court in Marbury v. Madison?
3) _______
A) Writ of Mandamus B) Writ of Certiorari C) Temporary Restraining Order D) Money Damages 4) During what era of the Court did the justices dramatically expand the liberty protections afforded to individuals under the Fourth Amendment? A) Rehnquist Court B) Warren Court C) New Deal Era D) Taney Court
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4) _______
5) In which era did the U.S. Supreme Court begin to expand the powers of the federal government?
5) _______
A) Taney Court B) Pre-New Deal Era C) Rehnquist Court D) Marshall Court 6) Who is the current Chief Justice of the Supreme Court?
6) _______
A) William Rehnquist B) John Roberts C) Sandra Day O’Connor D) Antonin Scalia 7) In which case did the U.S. Supreme Court assert the power of judicial review over the decisions of the states’ high courts?
7) _______
A) Marbury v. Madison B) Dred Scot v. Sandford C) Martin v. Hunter’s Lessee D) United States v. Nixon 8) What document governed the United States prior to the ratification of the U.S. Constitution?
8) _______
A) Declaration of Independence B) Articles of Confederation C) Contract with America D) U.S. Code 9) During the early years of the Constitution, which group championed a stronger centralized government? A) Anti-Federalists B) Confederates C) Tea Party D) Federalists
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9) _______
10) Each of the following contributed to the need for drafting a new Constitution in 1787 EXCEPT:
10) _______
A) State competition over taxes. B) Shays Rebellion. C) U.S. government too strong. D) Fear of foreign invasion. 11) A legislative act that inflicts capital punishment upon named persons without a judicial trial is called a(n):
11) _______
A) Ex post facto law. B) Bill of Attainder. C) Act of Sedition. D) Habeas Corpus. 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):
12) _______
A) Ex post facto law. B) Bill of Attainder. C) Act of Sedition. D) Habeas Corpus. 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:
13) _______
A) Ex post facto law. B) Bill of Attainder. C) Act of Sedition. D) Habeas Corpus. 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) Declaration of Statehood. B) Communist Manifesto. C) Articles of Confederation. D) Federalist Papers.
14) _______
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:
15) _______
A) Divine Province. B) Manifest Destiny. C) Natural Law. D) Aaron’s Law. 16) In U.S. v. Nixon, the Supreme Court considered what item of evidence?
16) _______
A) Vietnam information B) William Marbury’s commission C) Iran Contra Affair D) Watergate tapes 17) The landmark ruling in Brown v. Board of Education occurred during which judicial era?
17) _______
A) New Deal Era B) Taney Court C) Rehnquist Court D) Warren Court 18) What is the name of the official publication for U.S. Supreme Court cases published by the federal government?
18) _______
A) Lawyer’s Edition B) Supreme Court Reporter C) Federal Reporter D) United States Reports 19) What is the name of the publication for cases from the United States Courts of Appeals? A) Federal Reporter B) United States Reports C) Supreme Court Reporter D) Lawyer’s Edition
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19) _______
20) What is the name of the publication for cases from the United States District Courts?
20) _______
A) Federal Appendix B) Federal Supplement C) Federal Reporter D) Northeast Reporter TRUE/FALSE. Write ‘T’ if the statement is true and ‘F’ if the statement is false. 21) The mandate of the delegates to the Philadelphia Convention of 1787 from their states was to draft a new constitution.
21) _______
22) The national government under the Articles of Confederation did not have the power to directly tax citizens.
22) _______
23) A federalist was a person who supported creating a strong, centralized government.
23) _______
24) Of the thirteen original states, only Massachusetts was not represented at the Philadelphia Constitutional Convention.
24) _______
25) James Madison wrote the Virginia Plan, which would be the working document of the Philadelphia Constitutional Convention.
25) _______
26) 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.
26) _______
27) The first state to ratify the Constitution was Delaware.
27) _______
28) There are two methods to amend the Constitution and both have been used.
28) _______
29) Having a written constitution that recognizes individual rights guarantees that the rule of law exists in all countries.
29) _______
30) The rule of law is the principle that all people and the government itself are obliged to follow legitimately enacted and fairly enforced laws.
30) _______
31) During the Taney Court area, the U.S. Supreme Court’s philosophy changed from strongly nationalist to one favoring states’ rights.
31) _______
32) During the Rehnquist Court area, the U.S. Supreme Court took a very liberal approach to economic and states’ rights.
32) _______
33) In Marbury v. Madison, the U.S. Supreme Court used judicial review to nullify an act of Congress.
33) _______
34) The U.S. Supreme Court does not have the authority to declare an act of
34) _______
the President unconstitutional. 35) The higher the court is, the more likely it is that its decisions will be published.
35) _______
SHORT ANSWER. Write the word or phrase that best completes each statement or answers the question. 36) A(n) ________ is a person who supports a strong, centralized government.
36) _______
37) 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
37) _______
38) 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.
38) _______
39) Philosophers, such as John Locke and Charles Montesquieu, advanced the theory that sovereignty rests not with the monarch but with the ________.
39) _______
40) American constitutional law is commonly divided into two fields of study: one focusing on governmental authorities and structures and another examining ________ liberties.
40) _______
41) 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.
41) _______
42) The first case where the U.S. Supreme Court used judicial review to invalidate federal action was ________ v. Madison.
42) _______
43) The ________ Court is known for establishing the supremacy of the national government over the state governments.
43) _______
44) 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).
44) _______
45) Some of the important federalism cases decided during the era of the ________ Court are United States v. Lopez, 115 S. Ct. 1624 (1995), and Morrison v. United States, 529 U.S. 598 (2000), both limiting Congress’s power over interstate commerce.
45) _______
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MATCHING. Choose the item in column 2 that best matches each item in column 1. Match the term listed in Column 1 to its description in Column 2. 46) ex post facto law
A) principle that all people and the government itself are obliged to follow legitimately enacted and fairly enforced laws
46) _______
47) rule of law
B) a legislative act that inflicts capital punishment upon named persons without a judicial trial
47) _______
48) anti-Federalist
C) a writ whose purpose is to obtain 48) _______ immediate relief from illegal imprisonment by having the “body” (i.e., the prisoner) delivered from custody and brought before that court
49) habeas corpus
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
49) _______
50) bill of attainder
E) a right existing under natural law, independent of manmade law
50) _______
51) Federalist
F) the power of the judiciary, as the final interpreter of the law, to declare an act of a coordinate governmental branch of state unconstitutional
51) _______
52) natural law
G) a law making a person criminally liable for an act that was not criminal at the time it was committed
52) _______
53) judicial review
H) 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
53) _______
54) natural right
I) a person who supports a strong, centralized government
54) _______
55) Alien and Sedition Acts
J) a person who opposes establishment of a strong, centralized government in favor of local control
55) _______
ESSAY. Write your answer in the space provided or on a separate sheet of paper. 56) What were the arguments against ratification of the U.S. Constitution? 57) The ideas of which philosophers served as a basis for the founding of the U.S. constitution? 58) How has the U.S. legal concepts of judicial review and a written constitution provided a basis for other countries to follow? 59) What impact did the Warren Court era leave on modern constitutional law? 60) 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. 61) Which U.S. Supreme Court chief justice has left the greatest impact on the laws in the United States? Explain your position. 1) D 2) A 3) A 4) B 5) D 6) B 7) C 8) B 9) D 10) C 11) B 12) A 13) D 14) D 15) C 16) D 17) D 18) D 19) A 20) C 21) FALSE 22) TRUE 23) TRUE 24) FALSE 25) FALSE
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26) FALSE 27) TRUE 28) FALSE 29) FALSE 30) TRUE 31) TRUE 32) FALSE 33) FALSE 34) FALSE 35) TRUE 36) Federalist 37) Papers 38) natural 39) people 40) civil 41) review 42) Marbury 43) Marshall 44) privacy 45) Rehnquist 46) D 47) A 48) E 49) C 50) B 51) E 52) D 53) C 54) B 55) A 56) 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. 57) 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. 58) 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. 59) 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. 60) Answers will vary. 61) Answers will vary.
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