Test bank for constitutional law 3rd edition by hall

Test Bank for Constitutional Law 3rd Edition by Hall Test Bank to accompany Constitutional Law, Third Edition (Hall/Feldmeier) Chapter 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 Objective: Define judicial review, discuss its political and legal history, explain how it is an important element of the U.S rule of law, and contrast it with at least two other models from around the world Level: Basic 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 Objective: Identify the major eras of the Supreme Court in the context of its approach to federalism Level: Basic 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 Objective: Define judicial review, discuss its political and legal history, explain how it is an important element of the U.S rule of law, and contrast it with at least two other models from around the world Level: Basic 63 Full file at https://TestbankDirect.eu/Test-Bank-for-Constitutional-Law-3rd-Edition-by-Hall Test Bank for Constitutional Law 3rd Edition by Hall 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 Objective: Identify the major eras of the Supreme Court in the context of its approach to federalism Level: Basic 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 Objective: Identify the major eras of the Supreme Court in the context of its approach to federalism Level: Basic 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 Objective: Identify the major eras of the Supreme Court in the context of its approach to federalism Level: Basic 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 Objective: Define judicial review, discuss its political and legal history, explain how it is an important element of the U.S rule of law, and contrast it with at least two other models from around the world Level: Basic 8) What document governed the United States prior to the ratification of the U.S Constitution? A) Articles of Confederation 64 Full file at https://TestbankDirect.eu/Test-Bank-for-Constitutional-Law-3rd-Edition-by-Hall Test Bank for Constitutional Law 3rd Edition by Hall B) U.S Code C) Declaration of Independence D) Contract with America Answer: A Page Ref: 52 Objective: Identify and discuss the important historical events and political philosophies that led to, and shaped, the U.S Constitution Level: Basic 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 Objective: Identify and discuss the important historical events and political philosophies that led to, and shaped, the U.S Constitution Level: Basic 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 Objective: Identify and discuss the important historical events and political philosophies that led to, and shaped, the U.S Constitution Level: Basic 65 Full file at https://TestbankDirect.eu/Test-Bank-for-Constitutional-Law-3rd-Edition-by-Hall Test Bank for Constitutional Law 3rd Edition by Hall 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 Objective: Define judicial review, discuss its political and legal history, explain how it is an important element of the U.S rule of law, and contrast it with at least two other models from around the world Level: Basic 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 Objective: Define judicial review, discuss its political and legal history, explain how it is an important element of the U.S rule of law, and contrast it with at least two other models from around the world Level: Basic 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 Objective: Define judicial review, discuss its political and legal history, explain how it is an important element of the U.S rule of law, and contrast it with at least two other models from around the world Level: Basic 66 Full file at https://TestbankDirect.eu/Test-Bank-for-Constitutional-Law-3rd-Edition-by-Hall Test Bank for Constitutional Law 3rd Edition by Hall 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 Objective: Identify and discuss the important historical events and political philosophies that led to, and shaped, the U.S Constitution Level: Basic 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 Objective: Explain rule of law, including its elements and how it relates to constitutionalism Level: Basic 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 Objective: Explain rule of law, including its elements and how it relates to constitutionalism Level: Basic 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 Objective: Explain rule of law, including its elements and how it relates to constitutionalism Level: Basic 18) What is the name of the official publication for U.S Supreme Court cases published by the federal government? 67 Full file at https://TestbankDirect.eu/Test-Bank-for-Constitutional-Law-3rd-Edition-by-Hall Test Bank for Constitutional Law 3rd Edition by Hall 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 Level: Basic 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 Level: Basic 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 Level: Basic 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 Answer: FALSE Page Ref: Objective: Identify and discuss the important historical events and political philosophies that led to, and shaped, the U.S Constitution Level: Basic 68 Full file at https://TestbankDirect.eu/Test-Bank-for-Constitutional-Law-3rd-Edition-by-Hall Test Bank for Constitutional Law 3rd Edition by Hall 2) The national government under the Articles of Confederation did not have the power to directly tax citizens Answer: TRUE Page Ref: Objective: Identify and discuss the important historical events and political philosophies that led to, and shaped, the U.S Constitution Level: Basic 3) A federalist was a person who supported creating a strong, centralized government Answer: TRUE Page Ref: Objective: Identify and discuss the important historical events and political philosophies that led to, and shaped, the U.S Constitution Level: Basic 4) Of the thirteen original states, only Massachusetts was not represented at the Philadelphia Constitutional Convention Answer: FALSE Page Ref: Objective: Identify and discuss the important historical events and political philosophies that led to, and shaped, the U.S Constitution Level: Basic 5) James Madison wrote the Virginia Plan, which would be the working document of the Philadelphia Constitutional Convention Answer: FALSE Page Ref: 13 Objective: Identify and discuss the important historical events and political philosophies that led to, and shaped, the U.S Constitution Level: Basic 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 Answer: FALSE Page Ref: 12 Objective: Identify and discuss the important historical events and political philosophies that led to, and shaped, the U.S Constitution Level: Basic 7) The first state to ratify the Constitution was Delaware Answer: TRUE Page Ref: 18 Objective: Identify and discuss the important historical events and political philosophies that led to, and shaped, the U.S Constitution Level: Basic 8) There are two methods to amend the Constitution and both have been used Answer: FALSE Page Ref: 20 Objective: Define judicial review, discuss its political and legal history, explain how 69 Full file at https://TestbankDirect.eu/Test-Bank-for-Constitutional-Law-3rd-Edition-by-Hall Test Bank for Constitutional Law 3rd Edition by Hall it is an important element of the U.S rule of law, and contrast it with at least two other models from around the world Level: Basic 9) Having a written constitution that recognizes individual rights guarantees that the rule of law exists in all countries Answer: FALSE Page Ref: Objective: Explain rule of law, including its elements and how it relates to constitutionalism Level: Basic 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: Objective: Explain rule of law, including its elements and how it relates to constitutionalism Level: Basic 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 Objective: Identify the major eras of the Supreme Court in the context of its approach to federalism Level: Intermediate 12) During the Rehnquist Court area, the U.S Supreme Court took a very liberal approach to economic and states' rights Answer: FALSE Page Ref: 47 Objective: Identify the major eras of the Supreme Court in the context of its approach to federalism Level: Intermediate 13) In Marbury v Madison, the U.S Supreme Court used judicial review to nullify an act of Congress Answer: FALSE Page Ref: 33 Objective: Define judicial review, discuss its political and legal history, explain how it is an important element of the U.S rule of law, and contrast it with at least two other models from around the world Level: Intermediate 14) The U.S Supreme Court does not have the authority to declare an act of the President unconstitutional Answer: FALSE Page Ref: 33 Objective: Define judicial review, discuss its political and legal history, explain how it is an important element of the U.S rule of law, and contrast it with at least two 70 Full file at https://TestbankDirect.eu/Test-Bank-for-Constitutional-Law-3rd-Edition-by-Hall Test Bank for Constitutional Law 3rd Edition by Hall other models from around the world Level: Intermediate 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 Level: Basic 1.3 Fill in the Blank Questions 1) A(n) is a person who supports a strong, centralized government Answer: Federalist Page Ref: 26 Objective: Identify and discuss the important historical events and political philosophies that led to, and shaped, the U.S Constitution Level: Intermediate 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 Objective: Identify and discuss the important historical events and political philosophies that led to, and shaped, the U.S Constitution Level: Intermediate 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 Objective: Explain rule of law, including its elements and how it relates to constitutionalism Level: Intermediate 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 Objective: Explain rule of law, including its elements and how it relates to constitutionalism Level: Intermediate 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 Level: Basic 71 Full file at https://TestbankDirect.eu/Test-Bank-for-Constitutional-Law-3rd-Edition-by-Hall Test Bank for Constitutional Law 3rd Edition by Hall 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 Objective: Define judicial review, discuss its political and legal history, explain how it is an important element of the U.S rule of law, and contrast it with at least two other models from around the world Level: Intermediate 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 Objective: Define judicial review, discuss its political and legal history, explain how it is an important element of the U.S rule of law, and contrast it with at least two other models from around the world Level: Intermediate 8) The Court is known for establishing the supremacy of the national government over the state governments Answer: Marshall Page Ref: 43 Objective: Identify the major eras of the Supreme Court in the context of its approach to federalism Level: Difficult 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 Objective: Identify the major eras of the Supreme Court in the context of its approach to federalism Level: Intermediate 72 Full file at https://TestbankDirect.eu/Test-Bank-for-Constitutional-Law-3rd-Edition-by-Hall Test Bank for Constitutional Law 3rd Edition by Hall 10) 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 Answer: Rehnquist Page Ref: 47 Objective: Identify the major eras of the Supreme Court in the context of its approach to federalism Level: Difficult 1.4 Matching Questions Match the term listed in Column to its description in Column 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 Page Ref: passim Objective: Identify and discuss the important historical events and political philosophies that led to, and shaped, the U.S Constitution Explain rule of law, including its elements and how it relates to constitutionalism Level: Intermediate 2) rule of law Page Ref: passim Objective: Identify and discuss the important historical events and political philosophies that led to, and shaped, the U.S Constitution Explain rule of law, including its elements and how it relates to constitutionalism Level: Intermediate 3) anti-Federalist Page Ref: passim 73 Full file at https://TestbankDirect.eu/Test-Bank-for-Constitutional-Law-3rd-Edition-by-Hall Test Bank for Constitutional Law 3rd Edition by Hall Objective: Identify and discuss the important historical events and political philosophies that led to, and shaped, the U.S Constitution Explain rule of law, including its elements and how it relates to constitutionalism Level: Intermediate 4) habeas corpus Page Ref: passim Objective: Identify and discuss the important historical events and political philosophies that led to, and shaped, the U.S Constitution Explain rule of law, including its elements and how it relates to constitutionalism Level: Intermediate 5) bill of attainder Page Ref: passim Objective: Identify and discuss the important historical events and political philosophies that led to, and shaped, the U.S Constitution Explain rule of law, including its elements and how it relates to constitutionalism Level: Intermediate 6) Federalist Page Ref: passim Objective: Identify and discuss the important historical events and political philosophies that led to, and shaped, the U.S Constitution Explain rule of law, including its elements and how it relates to constitutionalism Level: Intermediate 7) natural law Page Ref: passim Objective: Identify and discuss the important historical events and political philosophies that led to, and shaped, the U.S Constitution Explain rule of law, including its elements and how it relates to constitutionalism Level: Intermediate 8) judicial review Page Ref: passim Objective: Identify and discuss the important historical events and political philosophies that led to, and shaped, the U.S Constitution Explain rule of law, including its elements and how it relates to constitutionalism Level: Intermediate 74 Full file at https://TestbankDirect.eu/Test-Bank-for-Constitutional-Law-3rd-Edition-by-Hall Test Bank for Constitutional Law 3rd Edition by Hall 9) natural right Page Ref: passim Objective: Identify and discuss the important historical events and political philosophies that led to, and shaped, the U.S Constitution Explain rule of law, including its elements and how it relates to constitutionalism Level: Intermediate 10) Alien and Sedition Acts Page Ref: passim Objective: Identify and discuss the important historical events and political philosophies that led to, and shaped, the U.S Constitution Explain rule of law, including its elements and how it relates to constitutionalism Level: Intermediate 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 Objective: Identify and discuss the important historical events and political philosophies that led to, and shaped, the U.S Constitution Level: Difficult 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 Objective: Explain rule of law, including its elements and how it relates to constitutionalism Level: Difficult 75 Full file at https://TestbankDirect.eu/Test-Bank-for-Constitutional-Law-3rd-Edition-by-Hall Test Bank for Constitutional Law 3rd Edition by Hall 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 Objective: Define judicial review, discuss its political and legal history, explain how it is an important element of the U.S rule of law, and contrast it with at least two other models from around the world Level: Difficult 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: 46 Objective: Identify the major eras of the Supreme Court in the context of its approach to federalism Level: Difficult 1.6 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 Objective: Identify and discuss the important historical events and political philosophies that led to, and shaped, the U.S Constitution Level: Difficult 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 Objective: Identify the major eras of the Supreme Court in the context of its approach to federalism Level: Difficult 76 Full file at https://TestbankDirect.eu/Test-Bank-for-Constitutional-Law-3rd-Edition-by-Hall ... of the U.S Constitution? A) Articles of Confederation 64 Full file at https://TestbankDirect.eu /Test-Bank-for-Constitutional-Law-3rd-Edition-by-Hall Test Bank for Constitutional Law 3rd Edition... led to, and shaped, the U.S Constitution Level: Basic 65 Full file at https://TestbankDirect.eu /Test-Bank-for-Constitutional-Law-3rd-Edition-by-Hall Test Bank for Constitutional Law 3rd Edition... least two other models from around the world Level: Basic 66 Full file at https://TestbankDirect.eu /Test-Bank-for-Constitutional-Law-3rd-Edition-by-Hall Test Bank for Constitutional Law 3rd Edition